Debates of 6 Nov 2018

MR FIRST DEPUTY SPEAKER
ANNOUNCEMENTS 10:34 a.m.
PRAYERS 10:34 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:34 a.m.
Mr First Deputy Speaker 10:34 a.m.
Hon Members, Correction of Votes and Proceedings.
Hon Members, we have the Votes and Proceedings of the Fourth Sitting of the Third Meeting held on Friday, 2nd November, 2018.
Pages 1 … 5.
Mr Ras Mubarak 10:34 a.m.
Mr Speaker, for the record, I had sought permission to be absent from the House as a result of my

bereavement, but for Thursday, 1 st November, 2018, I was marked absent though for the Votes and Proceedings of Friday, 2nd November, 2018, it has been accurately captured. So I would wish that, that correction be made.

I had sought permission which was granted, but when I looked earlier in the Votes and Proceedings of Thursday, 1st November, 2018, I realised I had been marked absent.
Mr First Deputy Speaker 10:34 a.m.
Hon Member, which page did you refer to?
Mr Mubarak 10:34 a.m.
Mr Speaker, because I was not in the Chamber on Friday, 2nd November, 2018, as part of --
Mr First Deputy Speaker 10:34 a.m.
I suggest that you see the Clerk-at-the-Table while we do today's Votes and Proceedings.
Mr Kumbungu 10:34 a.m.
Very well, I am most grateful.
Mr First Deputy Speaker 10:34 a.m.
Page 6.
rose
Mr First Deputy Speaker 10:34 a.m.
Hon Member, are you on your feet?
Ms Ocloo 10:34 a.m.
It is on page 7, Mr Speaker.
Mr First Deputy Speaker 10:34 a.m.
Do not worry, I will get to page 7.
Ms Ocloo 10:34 a.m.
All right.
Mr First Deputy Speaker 10:34 a.m.
Page 7.
Ms Ocloo 10:34 a.m.
Mr Speaker, respectfully, I was present on Friday, 2nd November, 2018, but I have been marked absent -- page 8, item numbered 34.
Mr Frank Annoh-Dompreh 10:34 a.m.
Mr Speaker, your Committee on Foreign Affairs was on official duty to Kenya and accordingly, the leave of absence form was duly completed and submitted. I find my name marked as being absent without permission. I would like to bring it to the attention of the Clerks-at-the-Table to rectify it.
Mr First Deputy Speaker 10:34 a.m.
Very well, the Clerks-at-the-Table will take note.
Mr Samuel Okudzeto Ablakwa 10:34 a.m.
Mr Speaker, I thought the Hon Chairman would have spoken on behalf of the Hon Ranking Member too and the Committee Members but he spoke for only himself; that is not a trait I know him to have. He is a good Hon Chairman who speaks for all of us so I do not know why this morning he spoke for only himself. [Laughter]
Mr Speaker, the same situation applies to me. I was on the delegation.
Mr First Deputy Speaker 10:34 a.m.
The request to be absent is personal to you. If you completed the form, then it would be corrected.
Mr Ablakwa 10:34 a.m.
It is the same circumstances, so I am surprised that the Hon Chairman is being selfish this morning.
Mr Annoh-Dompreh 10:34 a.m.
Mr Speaker, I would, as much as possible, defend the Hon Ranking Member on any occasion, and fact be told, the completion of the leave of absence form has to be done on individual basis.
So yes, I can speak on behalf of the Committee, but at this material time, I am
unable to tell whether he completed the leave of absence form. I hope he takes notice of that.
Mr First Deputy Speaker 10:34 a.m.
Pages 8 to
15.
Hon Members, subject to the corrections noted, the Votes and Proceedings of Friday, 2nd November, 2018, are hereby adopted as the true record of proceedings.
Hon Members -- Statements. There are two Statements that have been admitted for consideration and the first one is by the Hon Frank Annoh-Dompreh, Hon Member of Parliament for Nsawam- Adoagyiri and the Hon Chairman of the Committee on Foreign Affairs.
Mr Edward Abambire Bawa 10:34 a.m.
None

10. 44 a. m.
Mr First Deputy Speaker 10:34 a.m.
Hon Member, are you on a point of order?
Mr E. Bawa 10:34 a.m.
Thank you very much, Mr Speaker. I am up to request for an information. Based on the Business Statement that was read on Friday, 2nd November, 2018, the Hon Minister for Business Development was scheduled today to respond to a Question I had posed. Conspicuously missing on the Order Paper is that particular Question. I would like to know whether there is any information for me.
Mr First Deputy Speaker 10:34 a.m.
Hon Members, let us look at the Order of Business; which comes first? Have we breached the Order of Business? According to the Standing Orders, do we do Statements before Questions or we do Questions before Statements? --[Pause]
Mr Frank Annoh-Dompreh (NPP-- Nsawam-Adoagyiri) 10:34 a.m.
Mr Speaker, I am grateful.
ANNOUNCEMENTS 10:34 a.m.
Mr First Deputy Speaker 10:34 a.m.
Hon Annoh- Dompreh, please hold on. We have some guests whom we would like to acknowledge before we proceed.
Hon Members, we have in our midst today, a delegation from the Burkinabe Parliament who are on a bench-marking visit to the Parliament of Ghana. The delegation is made up of Members of Parliament (MPs) and officials of Parliament of Burkina Faso.
I hereby acknowledge their presence in the Chamber.
Hon Members, I have the pleasure to introduce to you a delegation of Members of the National Assembly of the Republic of Burkina Faso who are on a week-long benchmarking visit to Ghana.
They are here, among others, to learn best practices and exchange experiences in the functioning of select committees. They are also seeking to interact with Chairmen and Members of committees on the achievements and challenges of their oversight function on Ministries, Departments and Agencies.
The visit is further intended to create the platform for networking between Hon Members and our Burkinabe counterparts, with the aim of deepening relations between the two legislatures.
The Delegation comprises the following:
Hon Tibila Kabore -- Leader of Delegation;
Hon Issa Anatole Bonkoungou --
MP;
Hon Herve Konate -- MP;
Hon Frederic Benoit Taondyande --
MP;
Hon Moussa Zerbo -- MP;
Hon M. Quedraogo/Sawadogo --
MP;
Hon Bernard Some -- MP
Ms Valerie Sempore/Soubeiga -- Committee Clerk;
Mr Bebe Albert Kambire -- Committee Clerk;
Mr Idrissa Balbone -- Committee Clerk;
Hon Members, on behalf of the House, I welcome them to the Parliament of Ghana and I wish them fruitful deliberations.
Hon Member for Nsawam-Adoagyiri, you may now make your Statement.
STATEMENTS 10:34 a.m.
Mr Frank Annoh-Dompreh (NPP-- Nsawam-Adoagyiri) 10:34 a.m.
Mr Speaker, Ghana- Chinese bilateral relations will continue to grow. Ghana over the years has positioned itself as one of the most attractive countries in the African Sub- region for nations to consider it worthy of trust and association.
The nation Ghana, since Indepen- dence, has entered into many bilateral relations with countries that had benefitted from it till date.
One country which had stood by Ghana since it became a Republic State in 1960, is the Peoples Republic of China (PRC). Many are the values both countries have gained from this diplomatic relations. The beauty of such relations is what Bertrand Russell describes as: “The only thing that will redeem mankind is cooperation”.
The two countries have complimented each other in developmental and diplomatic support for decades. In fact, China has been instrumental with the construction of some important and beautiful landmarks of our beloved country.
What bonds China and Ghana together connects its root to the late Osagyefo Dr Kwame Nkrumah, who lobbied the United Nations to reinstate the PRC and further supported it during the 1962 Sino-India War.
The Holy Bible admonishes us that two are better than one, because they have a good return for their work: If one falls, his friend can help him up. But pity is the man who falls and has no one to help him up. (Ecclesiastes 4:9-10).
Our ancestors hold this same belief that “two heads are better than one: “Ti- kro nko agyina” and the Chinese will better put it as “San ge chou pijiang ding ge zhugeliang.”
We all agree that antelopes walk together for solace and solidarity, and so had our ties with China been.
As a nation, we believe strongly in the fact that the best partnerships are not dependent on a mere common goal but on a shared path of equality, desire, and no small amount of passion as Sarah Maclean points out. From all indications, the Chinese is not an alien to the Ghanaian, but a strong partner in development.
Thus from Dr Kwame Nkrumah's era down to Jerry John Rawlings, John Agyekum Kufuor, the late John Evans Fiifi Attah Mills, John Dramani Mahama and now Nana Addo Dankwa Akufo-Addo, our diplomatic relations with China continues to evolve on each new day with a strong tie which we believe must be tightened and not broken till the end of time, considering how useful it has been to the people of Ghana and the economy as a whole.
We have had visits from Zhou Enlai in 1960, President Hu Jintao, 2003, Premier Wen Jiabao, 2007 and the Vice President of the Standing Committee of the National People's Congress of China Zhou Tienong, 2011. These events took place after our Presidents had earlier made high- level visits to them.
Mr Ban Ki Moon once said and with your permission I quote that 10:34 a.m.
“One of the main lessons I have learned during my five years as Secretary-General is that, broad partnerships are the key to solving broad challenges. When govern- ments,the United Nations, Busi- nesses, Philanthropists and Civil Society work hand-in-hand, great things can be achieved.
We are promising China that our relationship will continue to blossom and remain strong from generation to generation as the gates of Ghana remain permanently opened to them. It is our ardent wish that God will continue to bind us together with strong cords that cannot be broken by anyone.
In conclusion, Mr Speaker, the Sinohydro-Agreement is a welcome news that needs a bipartisan approach with a singular view of raking in the best interest for our county Ghana.
Mr Speaker, just as this agreement was struck, the United States of America (USA), one of the powers of the world, followed suit and passed the Nation Builders Act and voted some US$60 billion for investment in Africa. Then Germany also followed suit with a compact with Africa with some huge sums of money.
A new beginning is dawning and Ghana cannot be different. Africa has come of age and it is time for us to appropriate all these goodies coming to Africa to turn the fortunes of our country, but not to invest these moneys in phantom projects.
Mr Speaker, I am grateful for your kindness.
Mr Speaker 10:54 a.m.
Yes, Hon Member for Wa Central?
Dr (Alhaji) Abdul-Rashid Hassan Pelpuo (NDC -- Wa Central) 10:54 a.m.
Thank you, Mr Speaker, for the opportunity to contribute to this important Statement ably made by my good friend, Hon Annoh- Dompreh.
Mr Speaker, relations between countries are often as a result of some mutual understanding and gains. It has to do with defending and protecting the interests of one country. If in doing so, you have to extend relations to another country, often the country does so to ensure that the mutual understanding, cooperation and benefit continues to happen.
Ghana at independence, found out that there was the need for us to be socialist at one point, and in doing so, recognised that countries that suited our posture at the time were China, Russia, Yugoslavia, Bulgaria and Cuba, among others.
We found them to be very good friends in championing the affairs of Ghana, in supporting our Pan-Africanism and drive to independence and in ensuring that equitable distribution of wealth was enhanced in our new drive to independence and realisation of freedom and justice.
Mr Speaker, however, in a situation where you have countries in a relationship, with one benefitting all the time from history, it is something to be worried about. Recounting all the benefits we have had from China and the fact that there is even a request that we continue to enhance that relationship and strengthen it saddens my heart.
It shows that the one-sided relationship in which Ghana is to be a beneficiary, all the loans and grants we have taken and every other thing we have done shows that it is not a relationship we should want to continue, looking at the direction we are going.
Mr Speaker, I would want to see a situation where the Chinese would talk about Ghana helping them to do one thing
Mr First Deputy Speaker 10:54 a.m.
Hon Member, are you seriously asserting that those countries have lost their sovereignty?
Dr (Alhaji) Pelpuo 10:54 a.m.
Mr Speaker, I think I have stated it too bluntly. Matters concerning their sovereignty are somehow compromised to a certain extent and not lost. There are situations where telecommunications and other benefits in the country can no longer be decided on by the country alone without China's support.
Saying this does not mean I do not cherish our relationship, but I want to call on my countrymen and governments over the years to make sure that in relating with another country, we are not only at the receiving end but would stand up as equal partners with mutual benefits in the comity of nations, determined by how our individual interests are protected and defended at all times.
Mr Speaker, once again, I would want to thank the Hon Member who made the Statement. He is very prolific in making these kinds of Statements and they are very enlightening. I call on the Ministry of Foreign Affairs and Regional Integration to see our relationship with China as not just one-sided, as it has been since independence, but see what else we could do to help that relationship grow.
We have so many things in Ghana such as high class tourist attractions, and teachers who could teach English. Let us
see how the Chinese could pay and export something from Ghana to China, and let us see how that would benefit us rather than receiving loans and grants all the time.
Mr Speaker, with these few words, I thank you for the opportunity.
Mr First Deputy Speaker 10:54 a.m.
Hon Minister of State at the Office of the President?
Alhaji Abu-Bakar Saddique Boniface (NPP -- Madina) 11:04 a.m.
Mr Speaker, thank you for giving me this opportunity.
My Hon Colleague made this Statement at the right time. Ghana and China have been in economic and technical cooperation right from the inception of independence.
China has been very close to Ghana and has supported her for a very long time. As my Hon Colleague said, two heads are better than one and it is true. Economically, I agree and do so in the principle of the third alternative.
The principle of the third alternative would tell you that one plus one is one by compromise and legally; it is true.
I believe when we check from the Bible -- I think Genesis 2:24 -- it tells us that, therefore a man shall leave the father and mother, go in and marry a woman and settle as one flesh. And so by compromise and legal grounds, one plus one is one. But arithmetically or by cooperation, one plus one is two.
However, when we come to economics of finance, one plus one is three and that is creative synergy. This is because, what one has, the other does not have. And so
Alhaji Boniface 11:04 a.m.
Mr Speaker, this is very simple; I used the term “barter”. This is because we are exchanging with alumina. And so what is the difference here? [Interruption.]
Mr First Deputy Speaker 11:04 a.m.
Hon Member, please proceed.
Alhaji Boniface 11:04 a.m.
Mr Speaker, I still stand by my word and go by it. It is by barter system. And I do not think anything has changed out of it.
Mr Speaker, in fact, the economic and technical cooperation that we are earning or gaining from our co-operation with China has helped Ghana a lot; both private sector and the formal sector are gaining a lot.
A lot of our people are sent to China to be trained as officers in various sectors of the economy to come and impact and help in the productivity and growth of the economy. And so I think we have to learn a lot from China. We have had rela- tionships with other countries. But of late, the relationship between Ghana and China has been well-enhanced.
Mr Speaker, I remember in the past, somewhere in the 90's, a whole year of technical and economic cooperation between Ghana and China was just USD$6 million. Today, we are talking in billions. And I am sure that relationship is going to inure much to Ghana's benefits.
And so I encourage other economists — But as we do, we also have to do intra- Africa relationship that would help Africa develop as quickly more possibly than other partners outside.
Mr Speaker, let me give my Hon Brother the credit for bringing this thing on the Floor.
Some Hon Members — rose —
Mr First Deputy Speaker 11:04 a.m.
There are so many Hon Members on their feet.
I will give Hon Dr Apaak the opportunity and I would come forward from there.
Dr Clement A. Apaak (NDC — Builsa South) 11:04 a.m.
Mr Speaker, I thank you for giving me the opportunity to comment on the Statement made by the Hon Chairman of your committee, the Foreign Affairs Committee.
Dr Kwabena Donkor (NDC — Pru East) 11:14 a.m.
Mr Speaker, thank you for the opportunity.
Mr Speaker, Ghana and China's history go a long way back. Indeed, when the People's Republic of China was taking the place of the Republic of China at the United Nations (UN), one of the eminent leaders this country has produced, was then a Deputy Minister for Foreign Affairs and former President Kufuor supported this and from that moment, China had become very friendly to Ghana.
And I am happy to applaud the role of the Government of the day even though they happen to come from the other Side of the political divide.
Mr Speaker, the impression we create presently is that, it is only China that is helping Ghana. We forget about the historical help Ghana has given China in the past. And my concern is that, while we applaud countries that seemed to be
friendly to Ghana, we must never forget that each country is pursuing its own national interest.
The fact that the country is relating to Ghana well today just means that it is in that country's national interest to relate to Ghana well today. It is not for the benefit of Ghana.
Mr Speaker, we should never forget that we are the best protectors of our country. At best, it is enlightened self- interest for some other country to want to be seen to be relating well to Ghana. And I do not even see it as help.
They are pursuing their national economic agenda under the cover of diplomacy. But there are very useful lessons we can learn from China, and in my opinion, that is the most important thing.

China created a certain political and economic space for its industries to develop and only after they attained a certain level of development did China begin setting a new type of engagement with the external environment.

Mr Speaker, if we are applauding China today for its rate of growth and development, the real thing is what are we learning from China? Are we creating that space for Ghanaian businesses and Ghanaian industries to develop as China did? Do we have a strategy to grow our economy to the level that when we are ready, we can then open up to the world in a different way?

Let us not talk about World Trade Organisation rules and regulations which prevents us from creating the necessary

space; it does not. Other countries have just been more intelligent by using non- tariff barriers, the right environments for their industries.

Mr Speaker, the biggest benefit of relating to China is for us to learn from China how they created that space for their industries and the level of nationalism that underlies its economic philosophy.

Mr Speaker, I would want to recommend to policy makers and to the leaders of this country that rather than just applauding the facilities we get from China, we should learn the methodologies that China used and apply it as appropriately to our circumstances.

Mr Speaker, I thank you for the opportunity.
Mr First Deputy Speaker 11:14 a.m.
Hon Members, I will give the last bite to the Hon Ranking Member on Foreign Affairs Committee and bring the discussion on this matter to a close.
Yes, Hon Ranking Member on Foreign Affairs Committee?
Mr Samuel Okudzeto Ablakwa (NDC -- North Tongu) 11:14 a.m.
Mr Speaker, I thank you very much for the opportunity to contribute to this Statement on Ghana- China relations which has been ably delivered by the Hon Chairman of the Committee on Foreign Affairs, Mr C.S. Frank Annoh-Dompreh, who is my good Friend.
Mr Speaker, the Hon Member who made the Statement in a well-researched rendition has highlighted the fact that Ghana-China relations is growing in leaps and bounds.
In paragraph 11 of the Statement, the Hon Member who made the Statement reveals that Ghana-China trade volume
Mr Samuel Okudzeto Ablakwa (NDC -- North Tongu) 11:24 a.m.
reached US$6.68 billion from US$5.6 billion dollars in the year 2014. What is also impressive is that Ghana's export to China has also seen a quantum jump of 41 per cent, hitting US$1.85 million.
Mr Speaker, clearly, the relationship between Ghana and China is one which is progressing steadily and we ought to commend this relationship. It is a relationship which Ghana can benefit greatly but I believe that where we can benefit greatly is in studying the Chinese module of development.
What did the Chinese do to get to where they are today that every analyst in the world is talking about the Chinese miracle?
It used to be the Asian Tigers, the so- called gang of four -- Hong Kong, Taiwan, South Korea and Singapore. Now, economic analysts say that what China has achieved in just 40 years -- China began this journey in the year 1978.
In just 40 years, China is totally transformed; it is the fastest growing economy in the world over the last two decades. They have fought poverty more rigorously than any other country and there is an economic boom in China.
Mr Speaker, Chinese infrastructure continues to baffle the world. Only a few days ago, the world has been discussing the first bridge over the sea. It is the world's longest bridge opening the south of China; it is a 55 kilometre bridge -- people are describing it as an engineering miracle. Western nations are trooping to China to learn from them -- How did they achieve such tremendous feat?
In the year 1978, many analysts would say that Ghana was even better than China in terms of the instability and the general poverty. Many people thought
China was a basket case, but in just forty years, look at where China is. I believe that is what should engage the attention of this Parliament.
Often, we are quick to “copy cut and paste” from western jurisdictions but the Chinese miracle must awaken our consciousness that sometimes it is good to be indigenous to have your own home grown solutions.
When China began, they were called all kinds of names, that they are not democratic enough and that they have not opened up enough. Even up to now, many people look to that country with suspicion, but they are now forced to go and do business with them, engage with them and study from the success that they have made.
Mr Speaker, within the continent, let us see what is going on in Rwanda. Interestingly, recently, I was reading an article by the Rwandan President, Mr Paul Kagame who defended Africa-China relations and said that all of this anxiety especially by our western friends is unfounded. That China shows more respect when dealing with Africa.
But the point is that we should look at the gains that Rwanda has made within the continent. It comes back to the question, what module of development do we want to adopt and what style of democracy? Can we fashion out what is in our best interest instead of always listening to external forces and just doing copy, cut and paste?
Mr Speaker, the Chinese example has shown us that it is possible to have one's own road map for economic emancipation and achieve it. I believe that, that is what we should discuss and not how we can always be at the receiving end.
We can also have the Ghanaian miracle. It is possible to also develop our country, have magnificent infrastructure and others would come and learn from us. If only we fashion out the right plan, we have the right commitment and the right vision, we can make it.
Mr Speaker, as I round up, I would want to assure all those who have anxiety about China-Africa relations; I recall recently, that there was a lot of fortiori after the Africa-China Submit in September, where China put $60 billion on offer to African countries. There was a powerfully written letter by some senators in the United States of America cautioning Africa about what they thought was a debt trap.
Mr Speaker, that kind of argument, with all due respect to our friends from the west, proceeds on the assumption that Africans do not have their own mental capacity and capability to negotiate what is in our best interest as well as what is in our national interest.
I believe that Africans should be allowed to determine who we want to partner with and trade with. We are a continent that has gone through a lot; from exploitation from the era of slave trade to colonialism and all of that.
Now that we would want to form new partnerships, people are getting suspicious. Let African countries be credited with the modicum of wisdom. Our parliaments should be respected that we can properly scrutinise agreements that would be in our national interest.

Mr Speaker, as our founding President, Osagyefo Dr Kwame Nkrumah said, “we do not look east or west, [and if I may

add, north or south], we look at our national interest”; what would work for us. If others want to strengthen the partnership, they are welcome.

We would not close the door to any other country, geographic or geopolitical interest. What is important is that the partnership would be mutually beneficial and be based on mutual respect for each other.

We should also believe that the kind of assistance we give to Africa should not entrap Africa but help it come out of poverty and underdevelopment so that we could also be on our feet. That is the kind of arrangement which we welcome.

On that note, Mr Speaker, I thank the Hon Member who made the Statement. Long live Ghana-China relations! Long live Africa-China relations! They are worthy partners and we would not close the doors at anybody who wants to partner with Africa once it is based on mutual respect and the beneficial interest of both sides.

I thank you very much, Mr Speaker.
Mr First Deputy Speaker 11:24 a.m.
Hon Members, there is another Statement by Hon Dr Okoe Boye, Member of Parliament for Ledzokuku Constituency on Avoidable Road Traffic Accidents, The Role of Citizens versus the Duties of the State.
Hon Member, you may read your Statement now.
Avoidable Road Traffic Accidents -- the Role of the Citizen versus the Duties of
the State
Dr Bernard Okoe Boye (NPP-- Ledzokuku) 11:24 a.m.
Mr Speaker, I am most grateful for the opportunity.
Ms Laadi Ayii Ayamba (NDC-- Pusiga) 11:24 a.m.
Mr Speaker, I thank you for the opportunity to comment on the Statement ably made by my Hon Colleague.
Mr Speaker, the issue of accidents on our roads in this country all across our villages, towns and cities is worth noting especially, at this time of the year when vehicles run at a rate that drivers just think it is the best for them to get whatever they want without respecting road signs. It is unfortunate.
Mr Speaker, in dealing with road accidents, there is a lot that has to be looked at. While we talk about speed, carelessness of drivers and pedestrians, we also need to look at the state of our roads and what could be done to support pedestrians and also prevent these accidents.
Mr Speaker, for instance, crossing of the road by pedestrians at Adenta is a very big issue. Day in and out, pedestrians are killed on this road. When we consider the issue of Madina, we realise that the footbridges that have been made have not been completed. So people run across. Even when they see speeding vehicles, they still try to cross and in that event get killed.
Mr Speaker, it is very important that at least, if for nothing at all, we should complete these footbridges to support the pedestrians and also give breathing space to drivers who might be speeding at a rate that even before they realise the situation, they would have killed somebody.
Mr Speaker, that notwithstanding, there is a lot that needs to be done in respect of these accidents we are referring to. We need to get our medical teams to work well.
Sometimes one gets to the hospital with people who have been involved in accidents only to realise that even the teams that are to attend to these people are not readily available. The doctors are not there; sometimes there may be only one doctor who would have closed and left. This is an issue.
Over the weekend, we heard of an accident around Kasoa where a little boy of about seven or ten years -- I stand corrected -- was travelling with the
mother. Unfortunately, when the accident occurred, the mother passed on but the boy was seriously injured in the head lying somewhere in a hospital at Kasoa or Winneba.
Looking for just an ambulance to bring this poor boy, who may not even know that his mother has passed on, became an issue all over the airwaves.
Mr Speaker, we need to put in a lot of measures to support our people. These social interventions are very important. If we do not have ambulances in our hospitals to do these works for us when there are accidents --
Mr Speaker, we should note that the issue of health is key and it is one of the most important things which need to be done to intervene when accidents occur.
Mr Speaker, that notwithstanding, the police and all other people who are supposed to support the prevention of road accidents should be up and doing. Sometimes we just see somebody driving in a completely absent-minded mood; they would either be reading some text message, newspaper or even speaking on phone. Such a person would drive past a police with one hand without any concentration.
Mr Speaker, the issue of accidents sometimes is simply avoidable -- over- speeding and a whole lot of things that are not supposed to be done. These culprits should be prosecuted. This is because it is an offence to be texting or speaking on phone while driving. So such persons must be prosecuted.
Mr Speaker, if we need to talk about the issue of accidents, with the approach of Christmas, we would talk -- only God knows when we would finish talking about it because there are so many issues that lead to accidents.
Ms Laadi Ayii Ayamba (NDC-- Pusiga) 11:24 a.m.


Mr Speaker, with these few words I commend the Hon Member who made the Statement. We should step up what would support us to, at least, reduce if not stop road accidents.

I thank you for the opportunity, Mr Speaker.
Mr First Deputy Speaker 11:34 a.m.
Hon Member for Adentan?
Mr Yaw Buaben Asamoa (NPP-- Adentan) 11:34 a.m.
Mr Speaker, please let me add my commendations to the Hon Member for a Statement ably made.
Mr Speaker, deaths under any circumstance are unacceptable, in particular, the deaths we record due to accidents on the high way from Tetteh Quarshie all the way through Aburi, which obviously passes through Madina and Adentan.
I am happy that this morning, the House is apprised of the fact that the issues on our roads are not confined to these areas. Accidents are becoming rampant.
Within this weekend alone, we have had a situation of six dead at Gomoa Mpota; six dead at Bunso Junction; and our Hon Brother, the Hon Deputy Minister for Communications, Mr George Andah, and three others in his vehicle who almost -- By the grace of God, they are still alive.
We then had an accident in Adentan where a lady was killed while crossing the road without the adequate infrastructure.
Mr Speaker, we are challenged by major infrastructural deficits. Since I became an Hon Member of Parliament of the area and
had that privilege, I have liaised with the Ghana Highway Authority and other relevant Agencies. Indeed, I have liaised with the Ministry of Roads and Highways.
The Hon Minister for Roads and Highways is very concerned about the situation, but he has had to battle with three major issues. He is battling with serious contract arrears; the road as it stands has not been handed over to the Government because there are questions of contract arrears that have not been settled.
The road is not complete, as we speak, because of these issues. He is battling with design issues; there are questions of more design and otherwise. He is battling with new resources to fight the debt and finish the road. Mr Speaker, the Hon Minister is concerned about that road.
Indeed, even maintenance while the road is not finished is an issue. There are portions of that road that flood when it rains. Yet, we are not in a position to determine responsibility for it because it has not even been handed over to the Government.
Mr Speaker, in the year 2016, before the general elections, street lights were installed from end to end. As we speak, these lights do not come on. The question is, were they put up merely for the elections or ought they to have been maintained up to now so that, at least, motorists can see in the night when they drive?
Mr First Deputy Speaker 11:34 a.m.
Hon Member, have you found out why it does not come on?
Mr Asamoa 11:34 a.m.
Mr Speaker, I am busily following up. Up to now --
Mr First Deputy Speaker 11:34 a.m.
We are interested in that report.
Mr Asamoa 11:34 a.m.
Up to now, we are not able to pinpoint why those streetlights are not working; streetlights that were put on in the year 2016, but went off immediately.

Mr Speaker, when this Government, in seeking to do --
rose
Mr First Deputy Speaker 11:34 a.m.
Hon Member, hold on.
Hon Minority Chief Whip -- ?
Alhjai Muntaka: Mr Speaker, I am up just to remind my Hon Colleague about the nature of Statements. This could be brought for debate, and then it could be argued. Once it is a Statement, we are supposed to make comments that do not generate debate.
I just wanted to remind my Hon Colleague, so that this very important Statement that all of us are very concerned about does not genrate debate and banter about who did what or that. If we really want to debate, we could bring it up for debate; but for now, it is a Statement. I would want to remind the Hon Member to make his comments such that it does not generate into a debate.
Mr Speaker, I thank you.
Mr First Deputy Speaker 11:34 a.m.
I am generally reminding all Hon Members that Statements are not supposed to generate debates. Comments on Statements are also to avoid controversial matters that would generate debate.
Mr Asamoa 11:34 a.m.
Mr Speaker, I am following up on the fact that the lights are not working. I would give information on that later.
Mr Speaker, happily, I am informed that the Ministry of Roads and Highways is bent on resolving these matters within the context of the larger loans for infrastructure that are being sought for. I understand that there is a US$500 million infrastructural matter that is coming up soon. Of course, we are all aware of the US$2 billion Sinohydro effort that would go into infrastructural deficit.
Happily, I am also in discussion with the Hon Minister for Roads and Highways, and he is willing to come to this House to deliver an Answer to an Urgent Question, so that we know the true history of what has happened with that road; how many loans have gone into that road; and how much of the taxpayer's money has gone into that road, but it is still incomplete.
We would know the ins and outs of that road, which was part of the “Gang of Six”, and the different loans that were contracted within the past eight years for the completion of the “Gang of Six”. Today, we are suffering deaths because that road was not completed.
Mr Speaker, on that note, I again want to thank the Hon Member who made the Statement. It is not just about foot bridges; there are also issues to do with traffic lights that are not installed, some of which have been installed but are not
Mr Asamoa 11:34 a.m.


I again want to commend my Hon Brother who made that important Statement. This House must advert its mind to the situation of infrastructure, our roads and the accidents thereof.
Mr First Deputy Speaker 11:34 a.m.
Hon Member for Adaklu.
Mr Kwame Governs Agbodza (NDC - -Adaklu) 11:44 a.m.
Thank you, Mr Speaker, for the opportunity to contribute to the Statement ably made by my very good Hon Friend, Dr Oko Boye, on the avoidance of road traffic accidents, the role of the citizen and the duties of the State.
Mr Speaker, I do not think that he could have put it any better. He clearly identified the fact that road safety is a shared responsibility between the State and the individual.
Mr Speaker, you are an expert in road safety issues because you have headed a State institution that sought to manage this thing for a long period of time.
As other Hon Members have said, there are certain reasons why we unnecessarily have road accidents, which the Hon Member who made the Statement called “avoidable”. This could be categorised into three - the condition of the road; driver error; and sometimes, bad weather, which is not always the case.
Mr Speaker, it is the responsibility of the State to build and maintain majority of public roads in this country; but as we
are aware, the fact is that due to the lack of resources, many of our roads have seen very little maintenance over a period of time. Sometimes contractors start work on the roads but have to abandon the project because they are not paid.
All these conditions create an enabling environment for potential road accidents.

Sometimes, we also have the situation where the signages on our roads are not appropriate either because a vehicle in the past knocked it down or it was not even installed at all. These are the potential issues that cause accidents. And sometimes, abandoned vehicles and so on -- But most especially, I believe that the condition of our roads --

Mr Speaker, I believe that the Hon Minister for Roads and Highways could come back and give us an update of that because in my estimation, the condition of majority of our roads, even the motorway that we are talking about is in a very deplorable state. If one does not drive carefully on the motorway, one could get hurt.

So it is our responsibility as a country to find the resources to build and maintain our roads.

Mr Speaker, we also come to the citizens. It is not unusual for one to be driving and then notice that, a commercial driver is basically driving beyond the speed limit of a particular road; they attempt overtaking when they surely know that they are not supposed to do that.

The scary part is seeing a driver of the vehicle talking, driving and trying to overtake using one hand. All these create

the unfortunate environment for the increase of accidents on our roads.

It is also known that many of the commercial vehicles probably do not buy brand new spare parts because of the economic situation. Some of them even buy used brake pads or tyre to be installed on their vehicles but these used brake pads and tyres must have been problematic and that is why they were taken off the other vehicle.

Mr Speaker, it will come to a point in time in this country where we need to be bold and say that we can actually get enough cheaper brand new tyres into the country and ban the used tyres. Maybe, this is something that the State should consider in the near future and same applies to the use of worn out brake pads and so on.

Should we actually allow businessmen to import used brake pads into the country? I am sure that where we are as a country, we do not need to allow anybody to import used brake pads.

I would want to take the opportunity to wish our Hon Colleague speedy recovery -- He was nearly -- As the doctor said, he was nearly badly hurt.

There is another thing we need to consider; in the eyes of the public, our Hon Colleague got prompt attention -- a helicopter airlifted him to a place where he is getting treatment but when majority of the people in this country get involved in accidents, there is nobody to call to rescue them.

I am even told that the helicopter that rescued our Hon Colleague -- the Hon Minister for Defence is here -- it is the Ghana Gas helicopter that we were told

was missing but maybe, he could confirm whether it was Ghana Gas --
Mr First Deputy Speaker 11:44 a.m.
Hon Member, I just warned us against introducing controversy.
Mr Agbodza 11:44 a.m.
Mr Speaker, all right. My recommendation is that just as other countries have done, it is time for us to have an Air Ambulance Service managed by the Ministries of Transport and Health.
We know that when accidents occur in certain areas that the health facility that can treat certain levels of trauma are not there, we could deploy the Air Ambulance Service to rescue our compatriots and take them to a place where they could get treatment.
I am sure that this country can afford to establish a properly managed Air Ambulance Service so that we can enhance our healthcare delivery in this country.
The bottom line is that when one drives within the required speed limit, chances of the occurrence of fatal accident is significantly reduced. We should all take this seriously and ensure that when the road says that the speed limit is 50 or 100 kilometres per hour we should please adhere to it.
We should not drink and drive, and drive whiles we know that we have an important call to make. Let us avoid these things and hopefully, we could reduce the spate of accidents in this country.
Mr Speaker, thank you very much for the opportunity.
Mr First Deputy Speaker 11:44 a.m.
Hon Member for Abossey Okai?
Mr First Deputy Speaker 11:44 a.m.
Including Abossey Okai?
Mr Nartey 11:54 a.m.
Mr Speaker, thank you for the opportunity and let me congratulate my Hon Colleague, Hon Boye for this Statement.
Mr Speaker, for the past week, I have been monitoring Peace FM and they have started a serious road accident campaign. Yesterday evening, I had the opportunity to listen to their 6 o' clock news where a certain woman who had an accident narrated her story and introduced how serious the issue was.
Some of my Hon Colleagues have mentioned issues that relate to road accidents. I have had the opportunity to meet the Accra Metropolitan Assembly (AMA) boss in respect of street lights in Accra. When one passes through the principal streets of Accra, majority of our streets and traffic lights do not work.
I was told that most of the street lights do not work because we owe the company that service our streetlights so much that they cannot come back to the streets to service the lights.
Mr Speaker, it is not the making of the President or the Hon Minister, but the question I ask myself is that, what is the responsibility of those who have been put in charge?
Most of our roads are in a very bad state and now, we do not refer to them as “potholes” but “manholes”. We ask ourselves; whose responsibility is it? I have the 2005 Ghana Road Fund Report. When I buy fuel, some amount is deducted
as payment for Road Fund. When one passes through Achimota, Ofankor and Nsawam, they pay road tolls and it goes to the Road Fund. What is this money actually being used for, such that Ghanaians continue to suffer on their roads?
Mr Speaker, just about three days ago, there have been fatal accidents on the Ofankor and Kasoa roads with 18 lives being lost. We ask ourselves what the problem is and the only thing that would be said is; “the old woman in my house”. Most of the time, the men are excused as the emphasis is on the women.
I appeal to all of us, irrespective of political affiliation, that we should see to it that we deal with this matter. The moment we introduce politics into the discussion, we lose focus as to how to deal with the matter.
Mr Speaker, using the Kumasi Highway, in fact, at the Bomso Junction, there are a lot of trucks parked on the highway and some cars burnt. Whose responsibility is it? Should the President come from the Jubilee House to tow those cars? No. Someone has been put in charge to deal with the issue.
At the Ejisu roundabout, which has now been turned into a market, people are selling on the roads. The question we ask ourselves is whose responsibility is it and where is the Assemblyman there? Should the Hon Minister go and sack the people there? No, because somebody has been put in charge.
I believe that it is high time that people who have been put into institutions to work were dealt with. If it happens to be a politician, we would hear the media castigating us; but those who have been put in charge, what is their responsibility?
Mr Speaker, I would want to appeal to both Sides of the House that as a matter of urgency -- we have a few days to Christmas. When one goes to the Neoplan bus station to board a bus to Kumasi or to my hometown in Ningo or Prampram, even though it is about an hour's drive, anything could happen on the motorway.

In my constituency, instead of the drivers buying good spare parts, they just go to some corner and buy spare parts which are cheap at the expense of someone else's life, and they would end that person's life. Mr Speaker, it is time for us to deal with such people.

Mr Speaker, in conclusion, a person would be driving on a road and he would be stopped by a police officer and the person would say, “masa eden asem”, to wit “officer, what is the issue?” and then he would pass.

The police officer then loses focus on what he is supposed to do. Some drivers also “greet” the police officer and they are allowed to go. Meanwhile, the police officer knows that the car is not in good shape but because of the Gh¢ 1, Gh¢2 or Gh¢ 5, they would allow the person to go.

Mr Speaker, it is high time we dealt with people who have been put in charge of institutions, other than that, by the time we realise, all of us would be gone.

Mr Speaker, I would thank the Hon Member who made the Statement, and appeal to all of us to make a conscious campaign in our various constituencies to ensure that this year and the years ahead would be accident-free for this country.

Mr Speaker, I thank you for the opportunity.
Mr First Deputy Speaker 11:54 a.m.
Hon Member for Ningo-Prampram?.
Mr Samuel Nartey George (NDC -- Ningo-Prampram) 11:54 a.m.
Mr Speaker, thank you very much.
Mr Speaker, I would like to associate myself with the Statement ably made by Hon Dr Okoe Boye and immediately use this opportunity to thank God for sparing the life of my Hon Colleague and Friend, Mr George Nenyi Andah, and also to call on all relevant stakeholders.
Mr Speaker, the state of our roads in this country betrays a certain lack of maintenance over the past few years. Mr Speaker, I heard people speak about the Adentan-Madina road and other highways. I would speak about a road that affects most of my constituents, and that is the Accra-Tema Motorway.
Mr Speaker, it pains me that the Hon Deputy Minister for Roads and Highways is not in the Chamber because he uses the motorway every day. Today, we do not have potholes on the motorway, rather we have crevices on the motorway.
The motorway is one of the few highways in this country where the official speed limit is 120 kilometres. Mr Speaker, imagine moving at 120 kilometres --
Mr First Deputy Speaker 11:54 a.m.
Hon Member, where is that stated?
Mr George 11:54 a.m.
Mr Speaker, it is on the motorway. The signs read 100 kilometres --
Mr First Deputy Speaker 11:54 a.m.
They have reduced it to 100 kilometres.
Mr George 11:54 a.m.
Mr Speaker, thank you.
Mr Speaker, but imagine moving at the official speed limit of 100 kilometres and falling into one of those crevices?
Mr George 11:54 a.m.


[Interruption.] They are crevices and not potholes because they have metals springing out of them. Mr Speaker, it is painful. [Interruption.]
rose
Mr First Deputy Speaker 11:54 a.m.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 11:54 a.m.
On a point of order. Mr Speaker, I believe that my Hon Colleague, while speaking about the deterioration on our roads, perhaps means another word but certainly not a crevice. Mr Speaker, he should tell us what a crevice is. He means something else and not a crevice.
Mr First Deputy Speaker 11:54 a.m.
Hon Member, your symbolism has caught the attention of the Hon Leader.
Mr George 11:54 a.m.
Mr Speaker, that was the intention actually. [Laughter.]
As the Leader of Government Business, he would draw the Government's attention to the fact that there are huge problems on the motorway. Mr Speaker, when you see the condition of the motorway -- This is a road that was built by Osagyefo Dr Kwame Nkrumah over 50 years ago.
Mr Speaker, people have begun a campaign on social media that they would not pay tolls again on the motorway until it is fixed. Are we going to say that those citizens who want to embark on that demonstration are legitimately doing so?
Mr Speaker, everyday people pay Gh¢ 1 or 50 Pesewas on the motorway and they have done so continuously for a year, and the toll is for the maintenance of the
motorway, yet they do not see such maintenance on the motorway. Mr Speaker, what do I tell my constituents in Ningo-Prampram who work in Accra and use the motorway on a daily basis?
Mr Speaker, several accidents happen on the motorway simply because of its deplorable state. I believe that Hon Titus- Glover uses the motorway and he would bear witness with me that the motorway does not know whether a person belongs to the National Democratic Congress (NDC) or the New Patriotic Party (NPP); it only knows that you are a Ghanaian using that road.
If we continue to sit back and these little holes begin to expand such that we have metals sticking out of these holes, then we would have a national death trap on our hands.
Mr Speaker, as we constantly drive on the motorway, we constantly see accidents occasioned by these potholes. It is my hope and prayer that even as we do all the politicking and have all the conversations around this issue, we would begin to pay critical attention to the roads that have huge economic value.
This is because we cannot compare the cost of the motorway to the economic value of the motorway. Let us imagine if the motorway was not there, what would be the value of our ports?
Mr Speaker, it is my hope and prayer that the attention of the Hon Minister for Roads and Highways would be drawn to it such that, if we could ring-fence our revenue from the tolls we pay on the motorway to fix the motorway and other roads, then Ghana would be better off.
Mr Speaker, in wrapping up, we come here to have this conversation and when the musical artist, Ebony died, we had
plenty talk about it, and this time, our Hon Colleague was involved in a near-fatal accident and we are talking about it. How far does our talk go? Would we wait till the next tragedy? Mr Speaker, action must happen now; more action, less talk.
Mr Speaker, thank you.
Mr First Deputy Speaker 11:54 a.m.
Hon Member for Asante Akim Central?
Mr Kwame Anyimadu-Antwi (NPP -- Asante Akim Central) 11:54 a.m.
Mr Speaker, thank you.
I would also want to commend the Hon Member who made the Statement and the fact that the Statement is very timely, but most importantly, he chose a title which talks about avoidable accidents; the role of the individual and the responsibility of Government.
Mr Speaker, indeed, I agree that the Government has a responsibility, but I would interpret what the Hon Member who made the Statement has said. He said it was mainly indiscipline on our roads.
These days, we have a group of people that have unofficially installed alarms in their vehicles and these include politicians. They have installed alarms with blue and red colours in their vehicles and they are in a hurry to --
Mr First Deputy Speaker 11:54 a.m.
Are you zooming in on this House? Refer to your Hon Colleagues in this House who are breaching every road traffic regulation; driving on the wrong side of the road. Hon Member, address that for me.
Mr Anyimadu-Antwi 12:04 p.m.
Mr Speaker, I have not seen that, but I have seen a lot of politicians including Hon Members of
Parliament who use these alarms and this is unacceptable and unofficial.
These alarms are put in their vehicles and they are in a hurry to get to their destinations as if other citizens are also not in a hurry to get to their destinations.
Mr Speaker, we have to start disciplining ourselves on the road. I agree that the roads are not good, I agree that traffic indicators and so on are not enough in the country, so why then do we have to rush on the road?
I do not know how many minutes we could save if we drive at 120 kilometres instead of 100 kilometres per hour or how many we could save if we drive more than 140 kilometres and more instead of moving between 100 and 120 kilometres.
This is what we need to tackle. There are a lot of problems we have as a country. We can tackle them in order of priority, but all the problems cannot be solved in a day. I would urge that the citizens must begin to discipline themselves.

Mr Speaker, If you go to other countries where they even have good roads, they obey the rules and go in accordance with the speed limit. In this country, we have passed every law that we need to enforce discipline on our roads in this House. I would urge that discipline --

People who are in authority should make sure that the laws of this country work on our roads. At the Nkawkaw bypass, on several occasions, I have met other drivers who are meeting you face up when they are not supposed to use that part of the road.
Mr First Deputy Speaker 12:04 p.m.
Yes, Hon former Minister for Roads and Transport?
Alhaji Inusah A. B. Fuseini (NDC -- Tamale Central) 12:04 p.m.
Thank you, Mr Speaker, for giving me the opportunity to contribute to this important Statement, and to thank my good friend, Dr Bernard Okoe Boye, for having the presence of mind in a difficult situation such as we are in to make such a wonderful Statement.
Mr Speaker, this past few weeks, Ghanaians in Accra have been excessively worried about the number of deaths on our roads, and particularly, the Adentan-Madina Road. This week, Ghanaians and Members (MP) of Parliament woke up to the news that one of our own had been involved in an accident.
Even though accidents happen and they are to be expected, they are supposed to be rare occurrences. But these days, when accidents occur and lives are lost, they are now becoming the new normal.
Dr Okoe Boye, the MP for Ledzokuku asked a question, and it is a germane one; what the role of the citizen is, and what the role or duty of Governments is. Mr Speaker, I believe in this particular
matrix, the role of Government is so important that it dwarfs the role of the citizen, in the sense that, the last Hon Member who contributed to the Statement just spoke about indiscipline.
Indiscipline is a consequence of behaviour. Behavioural change can only come about when we enforce laws.
Mr Speaker, Ghana is not the only country with roads. Roads are everywhere and the nature of the bad roads we have in this country are elsewhere. Some are even worse, but when accidents occur, they are reported as rare incidents.
Why? because when you are given a speed limit and you are obeying the speed limit on the road, when an unexpected object crosses you, you should be able to stop to avoid accidents.
But what do we see? We see vehicles tailgating each other, and when vehicles tailgate, driving at full speed, they simply would not be able to stop. I am not using the sign of the 2008 elections.
Mr Speaker, that is the consequence. But of course, we must as part of the decision-making bodies of the country and as part of those who have been favoured to provide leadership of this country, call for certain decisions to be made.
We have been told that on the Adentan-Madina Road, more than 1,800 people have lost their lives, the recent one being -- The Hon former Minister for Inner-City and Zongo Development have been reported to have written many letters to the Hon Minister for Roads and Highways to have the foot bridges fixed.
Mr First Deputy Speaker 12:04 p.m.
How many of them did you receive when you were the Minister for Roads and Highways?
How many letters did you receive in respect of the foot bridges?
Alhaji I.A.B. Fuseini 12:04 p.m.
Mr Speaker, I did not receive a letter. Do you know why? I was working on the road and fixed the road, completed the road which started in 2006, put in the road infrastructure, put guard rails, put in the traffic lights, put the pelican crossing to provide safe crossing areas for pedestrians. Mr Speaker, what was left was the foot bridges.
We have been asked about the role of the citizens and the role of the Government. Some of the citizens use the pelican crossing; some citizens obey the traffic lights; some vehicles obey the driving instructions, but not everybody is a conformist. There are non- conformists. We must make laws to take care of them as well. That is why we must complete the foot bridges.
I asked; two years after we left office, what has happened to the foot bridges?
Mr First Deputy Speaker 12:04 p.m.
Hon Member, you were here when I gave the warning to avoid controversy. I do not want others coming to respond to that and change the discussion. Please, leave your politics out and talk to the issue on road safety.
Alhaji I.A.B. Fuseini 12:04 p.m.
Mr Speaker, this is not controversy. I am not stoking controversy.
Mr First Deputy Speaker 12:04 p.m.
I rule that you are stoking controversy; speak to road safety.
Alhaji I.A.B. Fuseini 12:04 p.m.
Mr Speaker, I respect your ruling. I am just worried that many people are dying on the road when we could fix the bridges.
Mr Speaker, let me conclude by wishing our Hon Colleague, brother and friend a speedy recovery. This accident occurred in the course of duty. I take opportunity as well to wish those who were with him in the vehicle speedy recovery.
They were his companions when the accident occurred. And I also wish to sympathise and express my sincere condolences to all those who have lost their lives on our roads by reason of careless driving or our inability as a country to put in place infrastructure that would have reduced the risk that they put their lives in, and to call on this Government to expeditiously take action to fix some of the bridges, which if fixed could reduce the accidents on some of the major roads in this country.
Thank you, Mr Speaker.
Mr First Deputy Speaker 12:04 p.m.
Now, I would give the space to the three Ministers. I would start from the former Hon Minister for Inner-City and Zongo Development. I would come here and the Deputy Minister for Transport would conclude.
Yes, former Hon Minister for Inner- City and Zongo Development?
Alhaji Abu-Bakar-Saddique Boniface (NPP -- Madina) 12:14 p.m.
Mr Speaker, thank you for giving me the opportunity to contribute to the Statement on the Floor.
I speak with so much emotion and passion on this matter. I happened to be the first victim because if we are talking of accidents on the road, Madina would take about 70 per cent of the accidents and deaths in this country.
Almost every week, we lose a life on the Madina street.
Alhaji Abu-Bakar-Saddique Boniface (NPP -- Madina) 12:24 p.m.


He extends his warmest regards and his heartfelt thankfulness to all of you, and he is very eager to recover to come and join us.

So once again, thank you very much, especially Hon First Deputy Speaker. I heard you were there either yesterday or the day before yesterday.

Mr Speaker, on the issue of avoidable accidents, the role of Government or the individual, safety on our roads is a complex function of a lot of factors, I have listened to many of my Hon Colleagues here. Some of them have touched on the issues in a very disparate manner.

Mr Speaker, for us to be safe on our roads, it is a function of good roads; it is a function of proper pedestrian - sensitive design of roads. It is a function of road worthy vehicles; it is a function of proper training.

Those who drive vehicles must be trained in the art of handling motor vehicles. Mr Speaker, it is a function of proper understanding of what it means to drive on the road.

Mr Speaker, for lives to be saved is also a function of a proper ambulance system that would react timeously to accidents when they happen. That is when they are unavoidable.

Mr Speaker, we would need to look at the whole system that goes to ensure that when you set foot on the road in a vehicle or when you use the road as a pedestrian, you would be saved.
Mr First Deputy Speaker 12:24 p.m.
Hon Member, wind up.
Mr Odotei 12:24 p.m.
Mr Speaker, in conclusion, we need to look at all the agencies responsible for enforcing the various aspects of safety on the road -- MMDAs, Ministry of Roads and Highways, our law enforcement agencies -- and to ensure that we also have a good ambulance system so that when accidents happen, we would be able to, not only airlift our Hon Colleagues, which people think is a privilege, but also all the other ordinary citizens.
Once again, Mr Speaker, thank you for the opportunity and I wish to thank all my Hon Colleagues on behalf of Hon George Nenyi Andah.
Mr Daniel Titus-Glover (NPP -- Tema East) 12:24 p.m.
Thank you very much, Mr Speaker, for the opportunity to also contribute to the Statement made by our Hon Colleague and Friend, Dr Okoe Boye.
Mr Speaker, road accidents have become a national security issue. I say this because statistics from the National Road Safety Commission (NRSC) tells us that in September this year, there were 16,281 road crashes.
Out of this figure, 10,051 involved vehicles. 1,710 people died and 9,973 people had injuries in their limbs, necks and what have you.
Mr Speaker, it is because we Ghanaians, do not respect our road traffic regulations -- reckless driving, over speeding, unnecessary overtaking, faulty and broken down vehicles that are not removed from our roads on time, bad roads, poor markings, poor lighting and all that.
Mr Speaker, NRSC also tells us that 70 per cent of these accidents are caused by male and 30 per cent by female. Apart from the deaths that occur, it leads to almost loss of productive man hours.
Again, when you look at the age bracket, it is between the ages of 16 and 17 to about 45. It means that if we do not do something drastic about this matter, in future this country will suffer.
Mr Speaker, we can make a lot of contributions but as one of my Hon Colleagues said, there is the need for us to be action oriented. Some of the solutions that we continue to suggest is continual advocacy in road safety.
NRSC has not stopped because their slogan is, “Road safety is each and everyone's concern''. So we should continue to engage ourselves in advocacy to ensure that people comply with our road safety regulations.
Mr Speaker, indeed, we are challenged as a country to fix infrastructure. I know most of my Hon Colleagues here go to the office of the Hon Minister for Roads
rose
Mr First Deputy Speaker 12:24 p.m.
Hon Deputy Minister, hold on.
Mr Agbodza 12:24 p.m.
On a point of order. Mr Speaker, this is a House of records. Eighty per cent of the Road Fund has not been mortgaged at this stage. If the Hon Member is talking about the UBA loan, it would have been retired in August this year. We have taken a new GH¢600 million this year against it, but it is not even 80 per cent.
So I just want to guide my Hon Colleague that we do not have 80 per cent of the Road Fund mortgaged against any loan.
Mr First Deputy Speaker 12:24 p.m.
Hon Members, I sought to put the point that we should avoid these differences. Statements have been made in this House which have gone unchallenged but on this matter, let us focus on ensuring safety.
Otherwise, we would invite debate Left and Right.
Mr Titus-Glover 12:34 p.m.
Mr Speaker, I am grateful for your intervention.
Mr Speaker, the role of the police cannot be left out in this drive to help in curbing these road accidents. We should not use the conduct of few of these police officers who sometimes misconduct themselves on the road.
In generality, if you look at the performance of our police personnel, particularly the MTTD personnel, they are doing a wonderful job on our roads. I can speak of my constituency, Tema East. In the rain, sun and at night, you see these police officers at vantage places conducting road checks.
Mr Speaker, you know the behaviour of some of these our drivers.
We need to support the Police Motor Transport Traffic Division (MTTD) to make sure that they sanitise our roads for us to avert some of these accidents we have on our roads.
Mr Speaker, I also would like to encourage Hon Colleagues that let us use the various platforms that we have outside this Chamber; in the mosques, churches, and social gatherings to continue to speak on road safety. This is because if we lose a member in our constituency, it is a big problem for all of us.
Mr Speaker, notwithstanding that, because the National Road Safety Commission (NRSC) has not got the power to enforce some of these road traffic regulations, with the support of the Ministry of Transport, we are bringing an amendment to the traffic regulations.
When Cabinet gives it the blessing, we would bring it before this House to have some compliance by assisting the NRSC to ensure that members of the public and the motorists comply with road safety regulations.
Mr Speaker, in doing so, let me conclude by saying that let us not politicise these road accidents because accidents have no political colour. It could happen to any of us. The best driver on the road is not the one who goes on speeding, it is the one who has respect for the road signs with other road users to make sure that we bring safety on the roads that we have.
Mr Speaker, in conclusion, let me also associate myself with my Hon Colleagues to wish our Hon Colleague and his associates who were involved in the accidents and all other people, speedy recovery, and for those who have passed on, I wish their families our best of condolence.
Thank you very much, Mr Speaker, for the opportunity.
Mr First Deputy Speaker 12:34 p.m.
Hon Members, this is a very live Statement. These are things that are happening around us every day. But the most important contribution was made by the Hon Member for Asante Akyem Central; our attitudes, starting from us. We should start with ourselves.
Many of us misconduct ourselves on the road; we drive in the middle of the road, we drive on the wrong side of the road, we have put on gadgets which are not approved, we claim things we have not created for ourselves by law and we intimidate police officers on the road.
If we start by standing by the law, we could encourage the police officers to enforce the law.
I would like to share something with you: a company in Ghana decided that they were losing too many of its critical staff so compulsorily, they installed speed limiters on every one of the official vehicles. Maximum, sixty kilometres per hour and since then, nobody has died.
What it means is that over-speeding is the major cause of road traffic fatalities. That one depends on us. But I would like the Hon Minister for Transport to come to the House and brief us on the programmes and activities they have lined up to ensure that fatalities are reduced to the barest minimum during this Christmas period.
I hereby direct that the Hon Minister for Transport shall appear before the House in two weeks to address the House of what actions and programmes they are implementing to ensure road safety, particularly, during this Christmas period.
Item numbered 6, Motion by the Chairman of the Committee?
MOTIONS 12:34 p.m.
Chairman of the Public Accounts Committee (Mr James K. Avedzi) 12:34 p.m.
Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Public Accounts Committee on the Report of the Auditor-General on the Public Accounts of Ghana (Consolidated Fund) for the year ended 31st December,
2015.
In so doing, I present your Committee's Report.
Chairman of the Public Accounts Committee (Mr James K. Avedzi) 12:34 p.m.
Introduction
The Report of the Auditor-General on the Public Accounts of Ghana (Consolidated Fund) for the year ended 31st December, 2015 was presented to Parliament on Tuesday, 14th March, 2017 in accordance with articles 187(2) and (5) of the 1992 Constitution of the Republic of Ghana and section 23(1) of the Audit Service Act, 2000 (Act 584). Pursuant to Order 165(2) of the Standing Orders of the Parliament of Ghana, the Rt. Hon Speaker referred the Report to the Public Accounts Committee for examination and report.
Deliberation
The Committee met and examined the Report with the Hon Deputy Minister for Finance, Ms Abena Osei-Asare, the Controller and Accountant-General, Mr Eugene Ofosuhene.
Also present at the Committee's Sittings were officials from the under- listed Institutions:
1. Ministry of Finance;
2. Controller and Accountant General's Department; and
3. Ghana Revenue Authority.
The Assistant Auditor-General, Mr Odame Agyekum and a technical team from the Audit Service were also present at the Committee's Sittings to assist in the considerations of the Reports.
Acknowledgement
The Committee is grateful to the Hon Deputy Minister for Finance and all the witnesses who were present at the Committee's in its sitting to assist deliberations.

The Committee also expresses its appreciation to the Auditor-General and his technical team for their immense assistance to the Committee throughout its deliberations on the Report.

Furthermore, the Committee extends its appreciation to the media for the live broadcast of its proceedings.

Reference Documents

The Committee referred to the following documents during its deliberations:

a. The 1992 Constitution of the Republic of Ghana;

b. The Standing Orders of the Parliament of Ghana;

c. The Financial Administration Act, 2003 (Act 654);

d. The Financial Administration Regulation, 2004 (L.l. 1802);

e. The Audit Service Act, 2000 (Act

584);

f. The Public Procurement Act 2003 (Act 663);

g. The Internal Audit Agency Act, 2003 (Act 658); and

h. The Public Financial Management Act, 2016 (Act 921).

Background

Section 81 (1) of the Public Financial Management Act 2016 (Act 921) states that the Controller and Accountant- General shall within three months after the end of each financial year prepare and submit the following consolidated accounts to the Minister and the Auditor- General:

a) The Consolidated Annual Accounts of Government, including the Accounts specified in the Schedule;

b) Accounts of the Contingency Fund; and

c) Accounts of the Petroleum Funds.

Furthermore, Section 41(1) (b) of the Financial Administration Act 2003 requires the Controller and Accountant General to prepare and transmit to the Auditor- General and the Minister for Finance, within a period of three months or any period that Parliament may by resolution appoint, after the end of each financial year in respect of the financial year the Public Accounts of Ghana which shall comprise of:

A Balance Sheet showing the Assets and Liabilities of the Consolidated Funds;

Statement of Revenue and Expenditure of the Consolidated Funds;

Cash Flow Statement of the Consolidated Funds;

Notes that form part of the Public Accounts of Ghana.

Including the instructions issued by the Controller in consultation with the Auditor-General.

In accordance with this provision, the Controller and Accountant General submitted the Public Accounts of Ghana (Consolidated Fund) for the year ended 31st December, 2015 to the Auditor- General for audit.

Section 15 of the Audit Service Act, 2000 (Act 584) also requires that the Auditor-General, shall upon receipt of the Public Accounts examine and certify whether in his opinion, the statements present fairly, financial information on the Accounts of Ghana and whether the statements were prepared in accordance with accounting policies of Government and the Generally-Accepted Accounting Principles.

In the performance of his functions, the Auditor-General observed some inaccuracies which he included in his report for the consideration of the House. The Report also contains his opinion on the financial statements.

Purpose and Objective of the Audit

The purpose of the audit was for the Auditor-General to examine the Annual Financial Statements of the Public Accounts of Ghana, and to certify whether in his opinion the statements accurately present a true and fair view of the financial information on the Public Accounts of Ghana for the year ended 31st December, 2015, whether the records are consistent with statements of the preceding year, and whether the Public Accounts of Ghana so presented are in accordance with the accounting guidelines and procedures of the Government of Ghana, as well as the generally accepted accounting standards or principles.

Scope of the Audit

The Audit covered transactions and events in the year 2015, taking into consideration the relevant provisions of the 1992 Constitution and other relevant enactments and regulations on Statutory Funds.

The Audit assessment focused mainly on the processes followed by the
Mr Speaker 12:34 p.m.
The Deputy Minister explained in their response on the 2014 Audit query to the Public Accounts Committee that the Ministry of Finance assured the Committee of its willingness to ensure the discontinuation of the practice where payments are made outside the GIFMIS system. However, the Ministry was unable to roll out the system to cover all MDAs as expected.
The Controller and Acountant-General (C&AG) explained to the Committee that they had two modes of payments on the platform which include the ex-ante method where transaction are processed directly on the GIFMIS platform and the ex-Post method where transactions are paid and later journalised into the system.
He indicated that currently it is not practicable to process all transactions ex- ante citing the problem of connectivity which requires a wide area network infrastructure needed at MDA level as well as the enormous task of training personnel to take up the task.
He added that not all MDAs and all sources of funds were connected as expected at the time. He however, stated that all Government of Ghana transactions are currently on the GIFMIS system.
He indicated all MDAs and hospitals that received their salaries from the Controller and Accountant General Department have been hooked onto the GIFMIS. Again, 56 assemblies and all regional coordinating councils have also been hooked on to the platform.
The Accountant General acknowledged the infraction made through payments outside the system but explained that such payments were made due to the technical challenges, but it is currently being
Mr First Deputy Speaker 12:44 p.m.
Yes, Hon Ranking Member?
Ranking Member of the Committee (Mr Kofi Okyere-Agyekum): Mr Speaker, I beg to second the Motion on the Report of the Public Accounts Committee (PAC) on the Consolidated Fund of Ghana for the year ended 2015. In doing so, I would like to draw the House's attention to a few recommendations and observations made by the Committee.
Mr Speaker, the first one is on the net- worth of Ghana as a country and that is found on page 8, paragraph 8.4.6 of the Report. We noted that Ghana as at the end of 2015 had a negative net-worth of GH¢85,990,227,956. In other words, we had an asset of GH¢12,718,066 billion and our liabilities were GH¢98,708,294,097 billion. I think that this is unhealthy and the Committee recommended that efforts be made to bring down our deficit net-worth.
Mr Speaker, I would also want to comment on the payments that are made by the Controller and Accountant- General's Department outside the Ghana Integrated Financial Management Information System (GIFMIS) mechanism.
The Committee noted that GH¢351, 347,884.09 of transactions were routed outside the GIFMIS system. If you read the Report, it looks like the Controller and Accountant-General's Department is not in any hurry to make sure that all payments are routed through GIFMIS.
It looks like they are finding all sorts of excuses to make sure that some payments, especially to contractors are not routed.
So in their response, the Controller and Accountant-General's Department noted that currently, it is not practical to process all transactions, ex ante, citing problems of connectivity which requires a wide area network infrastructure needed at Ministries, Departments and Agencies (MDA's) level as well as the enormous task of training personnel for the task.
Mr Speaker, this GIFMIS system is supposed to be one of the major interventions to make sure we stop budget overruns which has been the bane of our economy for years. Therefore, if the implementers themselves appear to find excuses as to why the GIFMIS system should be busted, then we need to have a talk with them.
The Committee was not satisfied with the delay in the rolling out of all Government agencies onto the GIFMIS system and therefore urged the Controller and Accountant-General's Department to ensure that full coverage is made in order not to waste the investment made in the establishment of the GIFMSIS system.
Mr Speaker, one other matter that I would like to bring to the attention of the House is the ineffective recovery of Government of Ghana loans. It is on paragraph 9.2 on page 9. The Committee again noted ineffectiveness in the recovery of loans.
For instance, an amount of GH¢1,643,714,690 was cited in the Report as balance on loan recoverable. Also, an amount of GH¢686,578,071 was captured on page 58 of the Auditor-General's Report as Ghana's equity contribution to Vodafone Company Limited.
Out of GH¢1,643,714,690, only GH¢18,785,852 has been recovered. Going through the list of those who owe Government, you can see that most of the companies are defunct and it is obvious that those monies cannot be recovered.
So the Committee recommended that the Controller and Accountant-General's Department establish a debt recovery desk and urged the Controller and Accountant-General's Department and Ministry of Finance to be more proactive by establishing systems that would determine companies that would likely be in default or fold up.
This is in order to ensure that what is owed the people of Ghana is recovered from the assets of those companies before they become defunct.
Mr Speaker, there have been many other recommendations and infractions but I would like to end here for my other Hon Colleagues to contribute.
Thank you very much.
Question proposed.
Mr Richard Mawuli Kwaku Quashigah (NDC -- Keta) 12:44 p.m.
Thank you very much, Mr Speaker, for the opportunity to contribute to the debate.
From the Report, it is obvious that in 2015, the Ghana Revenue Authority (GRA) did so well as far as tax collection is concerned, as compared to 2014.
It would be observed that at the end of the day, out of a target of more than GH¢26.6 billion, we realised about GH¢23.7 billion which in itself was very impressive as compared to what we chalked in 2014 which was about GH¢17.7 billion. So 2015 was very impressive.
Mr Richard Mawuli Kwaku Quashigah (NDC -- Keta) 12:54 p.m.
However, as was mentioned, the Committee observed that there were certain actions and inactions by the GRA which left much to be desired.
For instance, payments outside the GIFMIS system was mentioned and it came to the fore that a total of about GH¢351.3 million was paid to contractors, contrary to recommendations for the GRA to pay through the GIFMIS process.

Mr Speaker, again, the issue of ineffective recovery of loans. As was mentioned, over GH¢ 1.6 billion was cited in the report. And it would interest us to note that this included loan receivables to the total amount of GH¢ 8.4 million from the Republic of Guinea and GH¢7.7 million from the Republic of Upper Volta, now Burkina Faso. All these were loans that the GRA actually failed to collect as was expected of them.

Mr Speaker, again, we also detected some inconsistencies in the report, on reported loan receivables to the tune of GH¢ 151.4 million.

When the Controller and Accountant General was asked to explain, they indicated that they have reconciled with the defaulting corporations, stating that half of the amount of GH¢ 128.9 million and GH¢ 22.5 million actually being an overstatement. So those reconciliations have been done.

Mr Speaker, generally, we thought that the performance of the Accountant- General during the period was fair as compared to the previous year.

Mr Speaker, with these few words, I support the adoption of this Report.
Mr Kwame Anyimadu-Antwi (NPP — Asante Akim Central) 12:54 p.m.
Mr Speaker, I refer to page 3 of the Report which the Hon Chairman of the committee read to this House, and with your permission, I quote:
“… the Auditor-General, shall upon receipt of the Public Accounts examine and certify whether in his opinion, the statements present fairly, financial information on the accounts of Ghana and whether the statements were prepared in accordance with accounting policies of Government and Generally Accepting Accounting Principles”.
Mr Speaker, my emphasis is on the policies of government.
With the greatest respect, in conclusion, the Committee would want us to believe that they have examined the report that had been given to us carefully. But if I look at the balance sheet as at December 31, 2015, particularly on the notes found at page 35 of the Report that the Auditor-General has submitted to us, with respect, there is this item on political appointees, 10 per cent salary cut.
Mr Speaker, in 2014, an amount of GH¢ 896,457 was received. In 2015, the amount recorded there is zero. And I do not find this in the Report. This is something that is very important. It had been the policy of government and the Government had told us that they were contributing 10 per cent of their salaries to embark on some projects.
We see it in one year and in the following year nothing appears in the accounts. I did not see the Committee look at this or say anything about this.
Mr Speaker, if I had power to ask a question, I would have done so from the notes on page 33, where in 2014, an
amount of GH¢ 85,500 and GH¢ 99,154 were paid as PAYE. In 2015, the amount there is zero. Again, the Report does not capture or explain to this House, why in 2015 the amount is zero?
I am unable to support the fact that this Report must be accepted by this House. I should think that the Committee must relook at the Report of the Auditor- General and submit a proper report to this House.
Mr Avedzi — rose --
Mr First Deputy Speaker 12:54 p.m.
Hon Chairman, do you want to respond to this specific one or you would want to wait till the end of the debate?
Mr Avedzi 12:54 p.m.
Mr Speaker, I think I need to respond now.

Mr Speaker, he has raised an issue and I am explaining to him. I am an Accountant and I am explaining to him that if one does not see any figure there, then it means that no money was held in Trust for anybody. That is the meaning. So if one sees a figure and does not see it elsewhere, it is just for comparison purposes. That should not form the basis for him to say we must reject the report.

Mr Speaker, if we are expecting all these things to come in our report, then it means that the figure before “political appointee”, which is the Petroleum Fund and Road

Fund should also come in our Report. It would mean that everything that we have in the account must come in our Report.

Mr Speaker, we are commenting on the significant findings of the Auditor- General.

Mr Afenyo-Markin — On a point of order.

Mr Speaker, the Hon Chairman of the Committee is Out of Order in the sense that he is not on his feet under any of our rules. He has argued already by moving the Motion.
Mr First Deputy Speaker 12:54 p.m.
I invited him to respond to that specific issue. To me, it is preliminary. If the Report is not to be accepted, we should take that issue before we proceed with further discussions. And so I invited him to speak to it.
Mr Afenyo-Markin 12:54 p.m.
Mr Speaker, I agree. But I thought he would leave his lieutenants to deal with it. This is because we are members of the committee and he knows we are able to do so. This is because, he is an Accountant and a very capable one.
My respected senior learned Colleague did not look at the financial issues and the figures. So I think he is right in pointing to him that these are matters of finance and not law. And so we cannot reject the Report. It is our Report and we would debate it.
Mr First Deputy Speaker 12:54 p.m.
No.
Hon Chairman of the Committee, I think your point is well made.
Mr Samuel Nartey George (NDC — Ningo-Prampram) 1:04 p.m.
Mr Speaker, in supporting the Motion for the adoption of this Report of the Public Accounts Committee, I would want to focus more on the issues that were raised with the GIFMIS system.
When we engaged the Auditor- General, it became clear to us that at the time, not all the Assemblies had been rolled on to the GIFMIS system, and it became clear that at that time, even those who had been rolled on to the GIFMIS system had two methods by which they used it; either ex ante or the ex post.
The ex ante is the request for process through the GIFMIS system and payments made, or ex-post where it was done and later journalled into the system.
Mr Speaker, even today in 2018, I am sure many of my Hon Colleagues in this Chamber would share in the struggles that I am going through in my district with the GIFMIS system.
We have Common Fund allocations, requests that are brought to us by constituents that we process through the GIFMIS, but the GIFMIS system is either always down or unable to process the requests.
Mr Speaker, so one would want to ask himself what exactly it is that the Ministry of Finance is doing with regard to boundary issues in making sure that the GIFMIS system is robust enough to
access or handle the requests that are coming. This is because it is painful that a child who is going to school and you maybe decide to give some support through your Common Fund, but he may be made to miss school because a GIFMIS system had refused to go through. Or a community needs a critical support and the Hon Member would want to use part of his or her Common Fund to support; he or she makes a request to the Common Fund -- the funds are there --
Mr Speaker, the whole idea of GIFMIS is to ensure that we do not spend outside the approved budget lines. So if an amount of money has been approved for a district and the money is sitting in an account, the authorising officer who is the Member of Parliament makes a request to his or her District Chief Executive (DCE) who is the spending officer to authorise.
The DCE is willing to authorise but he cannot access GIFMIS for two to four days -- it affects the running of government business. This goes even beyond our Common Fund; when we go to the District Assemblies' Common Fund, at times to even buy electricity, they need to process it through GIFMIS and are unable to. So every business in the district grinds to a halt; how then are we improving government business?
Mr Speaker, so for me, we need to look at GIFMIS even though the Committee's recommendation is for the roll-out of GIFMIS across all government agencies. It is important that even as we roll out across all government agencies, we look at the capacity to ensure that government business is not hampered by this hitherto good project -- GIFMIS is a good thing.
GIFMIS helps to keep us in line and checks; but then, it should also not become a hindrance to the performance of government business and our
functions. This is because it does get frustrating at times, when the funds are there, the system is ready to work and there is the need for that fund to be deployed but you cannot move because of GIFMIS. You are sitting down for two weeks, hoping and praying that something somewhere would give way so that the connectivity can happen.
Mr Speaker, if even in Accra we are having connectivity issues, then I wonder what would happen in Daboya where my Hon Colleague sitting by me may not have access to fibre or 4G network. So these are some of the challenges we have.
I believe even in Effutu, Hon Afenyo- Markin's Constituency, if we go to his Assembly, once in a while, he is also challenged and even the Rt Hon First Deputy Speaker, in the Brong Ahafo Region may have once in a while encountered -- [Laughter] [Interruption] -- in the Ashanti Region -- I am sorry.
Mr Speaker, you appear to be a hot commodity --
Mr First Deputy Speaker 1:04 p.m.
[Inaudible] -- All the Hon Member knows is Ningo Prampram and Accra. [Laughter]
Mr George 1:04 p.m.
That is all, Mr Speaker. [Laughter]
So all I know is Bekwai in the Ashanti Region. [Laughter] Somebody is suggesting Bekwai is in the Eastern Region but I know it is in the Ashanti Region. [Laughter.]
Mr Speaker, so if we are suffering boundary challenges in Ningo Prampram, I wonder what you suffer in Bekwai. So we urge the Ministry of Finance; this is a
fantastic project. GIFMIS is a good thing that is helping us keep government expenditure in check. But we would need to look at the capacity that has been put on the GIFMIS to ensure that it does not hamper the processes of Government because then it becomes a burden on the neck of those it is supposed to serve.
Mr Speaker, I thank you.
Mr First Deputy Speaker 1:04 p.m.
Hon Member for Effutu?
Mr Alexander K. Afenyo-Markin (NPP -- Effutu) 1:04 p.m.
Mr Speaker, I thank you for the opportunity to add my voice to the debate on the Floor.
Mr Speaker, in debating, I would want to express my support for the work done by your Committee of which I am a member. Therefore, this Report is not for this House to reject.
Mr Speaker, the Constitution per article 187 (2) is clear that the Auditor-General has a responsibility in auditing Government, central and local government adminis- trations, universities, pubic institutions, public corporations, other bodies or organisations established by this House and they are to report on such exercise at the end of the financial year.
Mr Speaker, clearly, my very respected Colleague from Ningo Prampram has talked about the challenges in the GIFMIS system and I agree with him. However, what he did not make clear, which I would want to point out, is the need for a review of the GIFMIS system.
Mr Speaker, if the system is not functioning well because the service provider is not putting in place the necessary systems to ensure efficient delivery, then it is for the Hon Minister or the entity head responsible to review this.
Mr First Deputy Speaker 1:04 p.m.
Hon Member, which part of the Report are you referring to?
Mr Afenyo-Markin 1:04 p.m.
Mr Speaker, I am on paragraph 9.1 -- GIFMIS was introduced to ensure control and
efficiency and to ensure that public funds are not expended anyhow. I am therefore interlocking that point with the need for the Auditor-General to ensure that special attention is paid.
Mr First Deputy Speaker 1:04 p.m.
Hon Member, did the Report capture any payments at any of the public universities outside the GIFMIS system?
Mr Afenyo-Markin 1:04 p.m.
Mr Speaker, our Report says and I quote with your permission:
“The Committee observed that despite the provisions made in the Public Financial Management Act 2016, (Act 921) and with the introduction of the GIFMIS platform to be used in all government transactions such as payments, purchase ordering, annual budget including reporting on the Consolidated Fund are to be done using the GIFMIS platform, the Ministry of Finance and Controller and Accountant General's Department continued to make payments on behalf of some MDA's totalling GH¢351,347,884.09 to contractors contrary to previous Audit recommendations that no payments or Government commit- ments shall be made outside the GIFMIS platform in order to prevent budget overruns.”
Mr Speaker, my point is that the Constitution makes a general provision for --
Mr First Deputy Speaker 1:14 p.m.
Hon Member, I would just want us to be sure. You have zoomed in on public universities. The Auditor-General's Report does not cover any public university. You have made observations as a Committee,
that there are some payments outside the GIFMIS system.
From what I am reading, it does not cover any public university. So I wonder how you roped them in your discussion?
Mr Afenyo-Markin 1:14 p.m.
Mr Speaker, I take a cue. I have understood you now.
So, the recommendation does not make mention of it because it was not a matter in issue. I take a cue from the constitutional provision under article 187 (2) to suggest to the Auditor-General to have a rather very critical second look at how funds are expended in our public universities. That is the point I would want to make.
Secondly, I suggest that in so doing, GIFMIS must be introduced. That is the only way the Auditor-General could keep an eye on all the institutions mentioned in article 187(2).
Without more, Mr Speaker, I resume my seat and I thank you for the opportunity.
Mr First Deputy Speaker 1:14 p.m.
Very well, Hon Members, I would give the last slot to the Hon Member for Atwima Kwanwoma.
Dr Kojo Appiah-Kubi (NPP-Atwima Kwanwoma) 1:14 p.m.
I thank you, Mr Speaker, for the opportunity to contribute to the discussion of the Report on the Floor of the House.
Mr Speaker, I would like to raise an issue which is the core of our Constitution and also borders seriously on the oversight of Parliament. That could be taken from article 178 (2) of our Constitution.
With your permission, Mr Speaker, I would like to read:
“No moneys shall be withdrawn from any public fund, other than the Consolidated Fund and the Contingency Fund, unless the issue of those moneys has been authorised by or under the authority of an Act of Parliament.”
Mr Speaker, from paragraph 8.3 of page 5 of the Report, we are told that the actual total expenditure for 2015 was to the tune of GH¢40,048,805,910.00 as against what has already been budgeted which was about GH¢ 32,615,393,304.00. This clearly shows that some moneys were taken from the Consolidated Fund or some moneys were expended without recourse to an Act of Parliament.
It was without the Executive arm coming to seek permission from Parliament to spend those moneys. This is an issue that has been going on; that the Executive arm of Government just spends without having recourse to parliamentary approval.
Mr Speaker, with your permission, I would recommend that we take this issue very seriously because it cannot happen that we pass an Appropriation Act which permits Government to spend a certain amount of money but in the end, that Act is not given any due cognisance and it is not abided by.
This brings to the fore the question, what then is the Budget? What is the need for us to spend so much time to deliberate upon a budget for the year if the Government at the end of the year spends outside it? It is an issue that should cross the minds of Members of Parliament.
Mr First Deputy Speaker 1:14 p.m.
Hon Member, help us; let us all focus on the issues. It has happened repeatedly. What should we do as a House?
Dr Appiah-Kubi 1:14 p.m.
There has been a suggestion to have a fiscal Act which contains sanctions for a Minister for Finance should he or she go beyond the appropriation or violate the Appropriation Act. We need to take this issue seriously.
Mr First Deputy Speaker 1:14 p.m.
Hon Chairman of the Public Accounts Committee, you were Chairman of the Finance Committee. What do you think should be done to curtail this repeated breach of the Constitution?
Mr Avedzi 1:14 p.m.
Mr Speaker, I believe that the prescription of sanctions is in the Public Financial Management Act of 2016, Act 921. So, let us look at the appropriate provision and apply it.
Mr First Deputy Speaker 1:14 p.m.
So, Hon Member, we do not need a new Act. We have passed a law already dealing with the sanctions. I am waiting to see any Hon Member of the House who would have the courage to move a Motion here that the appropriate sanctions be applied.
Now, Hon Member, you may conclude your contribution.
Dr Appiah-Kubi 1:24 p.m.
Mr Speaker, that also shows as weakness of Parliament, that it cannot implement the laws it enacts. I believe it is something we need to take a serious view of and see to it that we do what is actually right.
Mr Speaker, the observations that were made by the Committee are very important and germane. One observation borders on payments outside the GIFMIS system. That has been raised by Hon Sam George and I believe it is a very serious issue that Parliament itself needs to come in to ensure that this law is met in its fullest form.
We need to get the Executive arm of Government to comply with it. I believe that it is incumbent on the Public Accounts Committee to ensure that the Government fixes any wrong thing using the GIFMIS system.
Mr Speaker, another issue I would like to raise is the ineffective recovery of Government of Ghana (GOG) loans. It bothers my mind to hear that the Government is unable to recover loans it has given out. I do not believe that should be the case.
I would once again call on Parliament to also bring pressure to bear on the Executive to be more proactive in the recovery of the loans it gives out, otherwise, people would be tempted to always go in for loans because of Government's inability to recover.
In any case, Mr Speaker, most of these loans have very low interest rates and some of these delays are not even paid for. It is something we need to take up seriously.
Another germane issue is incon- sistencies in the reported loan receivables. Are these inconsistencies from the recording of receipts or -- what actually happens? We do not need to hear that in the ensuing year. These inconsistencies must be rectified in 2018. Parliament should assert its power not to allow similar things to recur.
Mr Speaker, I believe there are a lot of other issues that other Hon Members may want to speak to.
I thank you for the opportunity granted me.
Questions put and Motion agreed to.

.
Mr First Deputy Speaker 1:24 p.m.
Majority
Leadership, what next?
Mr Anim 1:24 p.m.
Mr Speaker, we would take Motion numbered 7 on the Order Paper.
Mr Speaker 1:24 p.m.
Motion number 7 -- Hon Chairman of the Committee?
Report of the Auditor-General on Ministries, Departments and Agencies
(MDAs) for the Year Ended 31st December, 2015
Chairman of the Committee (Mr James Klutese Avedzi) 1:24 p.m.
Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Public Accounts of Ghana (Ministries, Departments and other Agencies of the Central Govern- ment) for the year ended 31st December,
2015.
Mr Speaker, in so doing, I present your Committee's Report.
Introduction
The Report of the Auditor-General on the Public Accounts of Ghana, Ministries, Departments and Agencies (MDAs) for the financial year ended 31st December 2015 was presented to the House on 2nd June, 2017, in accordance with article 187 of the 1992 Constitution of the Republic of Ghana.
The Report was referred to the Public Accounts Committee (PAC) for examination and report, pursuant to Order 165(2) of the Standing Orders of the Parliament of Ghana.
To consider the Report, the Committee held public hearings to deliberate on the findings of the Auditor General. The Committee was assisted in its work by
the various Ministers, Deputy Ministers, Chief Directors and officials of the respective MDAs.
The Committee wishes to express its appreciation to them all.
Purpose of the Audit
The purpose of the audit was for the Auditor-General to express his opinion on the accounts of the various MDAs. It was also to assess whether MDAs maintained proper records and books of accounts, whether public moneys had duly been accounted for, whether money had been used for the purposes for which they were appropriated and whether the required rules and procedures were duly followed.
Reference Documents
The Committee made reference to the following documents during its deliberations:
The 1992 Constitution of the Republic of Ghana;
Standing Orders of the Parliament of Ghana;
Public Procurement Act of 2003 (Act 663)
Financial Administration Act of 2004 (Act 654);
Financial Administration Regulations of 2004; and
National Health Insurance Regu- lations.
Observations and Recommendations
Ministry of Finance
Withholding Tax
The Committee observed from paragraph 53 of the Auditor-General's Report that withholding taxes totalling
Chairman of the Committee (Mr James Klutese Avedzi) 1:24 p.m.
country in order to maximise rent tax from the landlords.
Government should also consider reviewing our rent control laws with the objective of introducing punitive provisions and provide GRA with the needed technological equipment to enable it capture every rentable property in the country.
Unclaimed salaries not transferred to Government chest -- GH¢ 89,103.58 South Tongu District Finance Office- Sogakope
The Committee observed that the suspense accounts for unclaimed salaries and pensions disclosed that Agave Rural Bank and Ghana Commercial Bank Sogakope had not transferred unearned salaries totaling GH¢ 89,103.58 to the Controller and Accountants Generals' suspense accounts as at the end of December 2015.
The Ministry responded that the amount had already been paid as at 1st March, 2016 into their account at Agave Rural Bank. Ghana Commercial Bank lodged the remaining amount into the Ministry's account on 22nd February, 2016. The Ministry has instructed its District Officers to collect bank statements for monthly reconciliations to preserve the integrity of its books of account.
Recommendation
The Committee recommends to the Auditor General to calculate the applicable interest on the amount for the period it was held by the Ghana Commercial Bank and the Agave Rural Bank and charge same against the Banks in accordance with the law so as to serve as deterrent to the banks and other banks.

Payment of public funds into p;ersonal Bank Account- GH¢ 132,820.54 GRA - Akanu Border Post

The Committee observed on page 16 of the Report that the Accountant at Akanu Division, Mr Stephen Osei-Manu recouped imprest amounting to GH¢132, 820.54 from the Aflao Customs Division and lodged the amount into his personal account before disbursement.

The GRA in its response stated that the GRA had not opened an account in the area concerned for its operations. As such, Mr Osei-Manu's personal account had to be used temporarily for the disbursement in those areas. The Authority subsequently opened a bank account for the Border Post.

Recommendation

The Committee expressed its dis- approval of the illegal conduct of the GRA and cautioned the GRA never to repeat that act under any circumstance as the account could have been opened in any other nearby district and as such that illegal practice may serve as an example for other institutions to emulate.

Ministry Of Education

Unsupported payments- GH¢102, 822.50 Nkwanta South District

The Committee observed on page 29 of the Report that, payment of GH¢ 102,822.50 for 11 payment vouchers were made without substantiating them with official receipts and invoices.

The Ministry responded that the supporting documents were subsequently provided and the issue had been cleared by Auditors at the district level. A letter from the Nkwanta South District of the Audit Service was presented to substantiate the claim.

however indicated that the amount paid was not from the capitation grant, but it was from a support fund given to the schools in the District.

Uncompetitive Procurement- GH¢20, 552.00 Sunyani West

The Committee observed in paragraph 478 of the MDA report that the Sunyani West District procured electrical materials totalling Gh¢20, 552.00 through an uncompetitive process.

The accountant for the District produced a letter from the District Audit Office indicating that the office has been cleared.

Recommendation

The Committee recommended that the office adhere strictly to the Public Procurement Act in future procurements.

Unearned Salaries- GH¢43,108.21.

The Committee observed on page 157, paragraph 498 of the Report that unearned payment of salaries were made in six District Education Offices between September, 2013 and October 2015. The total amount paid as unearned salaries amounted to GH43,108.21.

The Offinso North District Director responded that a staff by the name, Peter Kolan had paid about GH¢ 8, 000 out of the Gh¢ 10, 078.42. Recovery of the remainder has become difficult as the recipient has relocated to an unknown place. In the case of Abdul Rahim Sadizge, the Directorate had recovered and paid Gh¢3, 428.01 to chest. The outstanding balance of Gh¢20.43 is expected to be paid by his bank.

The Jomoro District Directorate responded that George Erzual, the alleged offender, is currently nowhere to be found and the matter has been reported to the police and the BNI.
Chairman of the Committee (Mr James Klutese Avedzi) 1:24 p.m.
Demenya, proceeded on his terminal leave without handing over the financial and accounting records of the collections to the officer taking over.
The Committee sought the status of the revenues collected by Mr Demenya before going on retirement.
The management responded that the revenues under his care have been duly accounted for with documentary evidence. The Committee was further informed that circulars had been sent round informing staff that any body who is going on retirement should prepare handover notes a month prior to retirement.
VAT Traders Debts- Gh¢13,677,592.00 Para 31 Page 13
The Committee observed that a review of the VAT traders' books revealed that about 231 traders who filed their returns at the LTO, Tema MTO, Achimota STO, Osu STO, Makola STO, Nima STO and Adabraka STO owed a total of Gh¢ 13, 677,592.00 as at 31st December, 2015.
Management responded that about Gh¢11, 109,912.89 of the total amount is owed by a single company. The Company in question is involved in the hauling of Cocoa beans for COCOBOD and was of the wrong impression that since COCOBOD is exempted from paying income taxes, the Company was automatically exempted from paying taxes.
The GRA disagreed and insisted that the company pays the applicable VAT. COCOBOD has therefore written to the Ministry of Finance to issue the company with a waiver so that going forward they can begin to pay the VAT.
Recommendation
The Committee recommended that the Auditor General's Office liaise with its district office in Nkwanta North to authenticate the purported clearance.
Unsupported payments -- GH¢124, 960.00 Assin North
The Committee noted that the directorate of education at the Assin North District made 49 payments to the tune of about GH¢124,960.00 without proper documents such as receipts, memoranda, pay-in-slips, and SRVs.
The Municipal Director of Education responded by stating that the needed documents were subsequently submitted and were verified and cleared by the District Auditor in a letter dated December
7, 2017.
Recommendation
The Committee observed that the Assin North Municipal Education office had many other unresolved issues and therefore, recommended that the Auditor- General returns to the District Education Office to conduct a full scale audit of the financial activities of the office and report back to the Committee.
Unsupported payments- GH¢29,500.00 Agona District Education Office
The Committee observed on page 156, paragraph 495 of the Report that the Accountant for Agona District Education Office made an unsupported payment to the tune of GH¢ 29,500.00
The District Office produced a letter from the District Auditor clearing the office of all the infractions. The Accountant

gratuity from which the amount will be deducted.

Uncompetitive Procurement - GH¢ 18, 759.00 (Police Training School)

The Committee observed that the Police Training School was cited for uncompetitive procurements to the tune of GH¢ 18,759. 00

The Police Service explained that the school was faced with cash flow challenges due to delay in the release of budgetary allocations. In order to keep the school running, the commandant of the training school had to arrange with a supplier to supply the school with inputs on credit basis. The Service gave an assurance that such infractions will not occur again.

Recommendations

The Committee cautioned the Ministry and the Security Agencies not to repeat that practice as it has the tendency of morally compromising their position as law enforcement agencies and as such they cannot be seen to be breaking the laws they are established to enforce.

Ministry of Employment and Labour Relations

Training of persons with Disabilities-

GH¢ 54,000,000

The Committee observed that the Ministry of Employment and Labour Relations entered into contract with RLG Communications to train 75,000 persons with disability over a period of five years. However, the contract sum for the first two years of the project was GH¢ 54,000,000 with the training per head pegged at GH¢

1,800.

Monica's refund was made on 19th August 2015. Monica has been able to pay only GH¢ 5,934.00 out of the GH¢7,466.00 that was illegally paid to her.

Recommendation

The Committee recommended that the Department should ensure that it recovers the remaining amount from Monica within a period of three months.

Ministry of Works and Housing

Public Works Department

Failure to collect rent from tenants-

GH¢100, 240.00

The Committee observed in paragraph 696, page 202 of the Report that tenants occupying premises of the Ministry have not paid their rents as agreed to the tune of Gh¢ 100, 240.00

The Ministry responded that GH¢94, 650 has been recovered as at 2016, with the remainder set to be paid by the tenants soon. One of the tenants however, claimed that his premises was rendered inhabitable for a while. The Ministry has asked for proof if he is able to provide, the Ministry intends to exempt him for the period which the premises was inhabitable.

Recommendation

The Committee urges the Ministry to take the necessary steps to ensure that the total amount is recovered from the tenant or the necessary legal action is taken to ensure full recovery with interest, if applicable.

Unearned salaries GH¢ 9,508.34

The Committee noticed payment of unearned salaries in the Ministry totaling
Chairman of the Committee (Mr James Klutese Avedzi) 1:24 p.m.
The alleged offender at Sekondi can also not be found and the matter has also been reported to the police.
In the case of Wamfie, the officer involved has made full payment of the amount and the Audit Service was directed by the Committee to verify and confirm payments.
With respect to Ketu South District, the director of education stated that the worker in question was a non-formal worker as such, they did not know the details of the infraction until they appeared before the committee.
Recommendation
The Committee recommends that all the directorates that have not been able to recover the unearned salaries should go back to their respective districts and pursue the offenders for full recovery within a period of one month and report to their respective District Auditors.
The Ministry of the Interior
Unearned salary GH¢6,466.00
The Committee observed on page 197 of the Report that contrary to regulation 297(1) of the FAR, Mr Samuel Kobina Otoo, a Senior Chief Officer, continued to receive salaries after his retirement and subsequent death to the tune of Gh¢ 6,
466.00
The management of Ghana Prison Service responded that, the Officer in question died in 2015, the letter to stop his salary was signed on the 19th of May 2015. Efforts made for the monies paid into his account to be returned to government chest did not work. The Service stated that it was currently processing his
The Ministry made an advance payment of Gh¢ 8,100,0 in accordance with the terms of the contract. However, the company ended up training only 5,226 at a cost of GH¢9,406,800.00 out of the 15,000 that were to be trained in the first year. The Company was claiming additional payment for work done.
Officials of the Ministry informed the Committee that it was in the process of implementing the project that the social welfare component of the project was taken to the Ministry of Gender, children and Social Protection.
The project is currently being implemented by the Ministry of Gender, children and Social Protection. The request for additional payment by RLG was referred to the Attorney General for advice and the Attorney General advised that the Ministry does not owe the Company any money.
Labour Department Takoradi unearned Salary -- GH¢ ,600.21
The Committee noted that unearned salaries amounting to GH¢7,466.81 and GH¢4133.40 were paid to Ms Monica T. Bennin and Mr Eric K Ansah respectively who exited the department on 1st September, 2013.
The Ministry responded that it duly notified the Controller and Accountant General that the staff were no longer working with the department, but the Controller could not act on time to stop payment which was outside the control of the Ministry.
However, the Ministry was able to recover the monies wrongly paid to the beneficiaries. Kofi Ansah refunded the money on the 9th of August, 2017, whiles

The Ministry explained that the Ministry of Finance requested that the projects be handed over to the various Assemblies concerned. Some of the Assemblies indicated that they could not complete the projects without the support of the Ministry of Finance due to their weak financial situation.

The Ministry of Local Government and Rural Development informed the Committee that it had directed the Assemblies concerned to consider Public Private Partnership (PPP) as an option for the completion of the markets.

Payment of funds into Private Accounts- GH¢ 224,760.00 Births and Death Registry

The Committee observed that funds meant for the Birth and Death registry totalling GH¢ 224,760.00 were lodged in an unofficial account contrary to regulation 1(1) of FAR, 2004.

The Ministry explained that the account into which the money was lodged is the welfare Fund account of the Registry at NIB. Indeed, the money involved was provided by Plan Ghana for the registration of some ten thousand needy children in the hinterlands.

The Registry used that account because Plan Ghana found it convenient for the money to be kept separately for its project. About GH¢154, 920.00 was used to register 7881 children, GH¢ 39,405.00 was used for administrative purposes (GH¢5 per registration), and the out- standing balance of GH¢ 30,435 is to be used to register the remaining people under the project.

Unauthorised Commercialisation of Government Land -- Department of Parks and Gardens -- Koforidua

The Committee observed that the Eastern Regional Directorate of the

post were wrongly captured by the officials of the Audit Service as people who had exited the Service.

Some of the names captured were on transfer and are still in active employment. The Ministry also provided documents indicating that they had provided the Auditor-General with all the necessary documents to substantiate their position.

The Committee expressed its dissatisfaction with the attitude of the Ministry towards the audit query and could not understand why the Ministry waited for two years to respond to the query.

Recommendation

The Committee cautions the Ministry and urges its officials to endeavour to take audit queries more serious as there may not be a second opportunity to explain in future when office holders are directly held responsible for their failure to respond on time.

The Ministry of Defence

Failure to supply urgently required military items US$1,530,035.02

The Committee observed that between 2006 and 2010, contracts amounting to US$2,163,210.20 were awarded for the supply of various military items to four suppliers.

A total of US$1,409,074.20 (65.14 per cent) was paid upfront as mobilisation fees. However, the audit report revealed that US$633,175.18 worth of items had been delivered, leaving an outstanding balance of US$1,530,035.02 worth of items undelivered.

The Ministry responded that the matter was currently under investigation by EOCO. It was further indicated that the
Chairman of the Committee (Mr James Klutese Avedzi) 1:24 p.m.
GH¢ 9,508.34 between June, 2013 and December, 2016.
The Committee was informed that the situation arose due to the inability of the Controller to timely stop payment of salary to a staff after the Controller was duly informed of the exit of the person from the Service. However, appropriate steps had been taken for the retrieval of the money.
The Committee therefore urges the Controller and Accountant General to devise means of reducing the processes involved in deleting names of retired or exiting workers from the government payroll.
Delayed Payment of compensation to land owners- GH¢ 13,300.00
The Committee also observed that there was a delay in the disbursement of compensation of about GH¢ 13,300.00 due landowners who were affected by hydrological project at Ajen Kotoku.
The Ministry indicated that negotiations were still on going with the affected persons. The Ministry was optimistic that all issues would be resolved by the end of 2017 to enable it make payments to affected persons.
The Committee urges the Ministry to expedite action on its negotiation process in order to ameliorate the suffering of the affected persons.
Ministry of Local Government and Rural Development
Abandoned projects
The Committee observed with worry that market projects initiated by the Ministry had been abandoned since 2008.
Department of Parks and Gardens rented out a portion of the Nursery Division to Eastern Fun Park Ltd, a private company, for commercial activities without the approval of the Ministry.
The Ministry indicated that they received an official request from a private entity to use their Park in Koforidua for its commercial programmes under a PPP arrangement.
It was viewed as an opportunity to enhance the revenue mobilisation efforts of the Department. The programme was piloted, but the private entity backed out of the project whilst the office in Koforidua was in the process of securing final approval for the project.
The Ministry indicated that it had issued directives that all regional heads must inform the Ministry before embarking on any commercial activity.
Recommendation
The Committee recommends to the Ministry to remain vigilant and ensure that transactions between any of its agencies and private entities are preceded by written agreement subject to the approval of the Ministry and prior to implementation even if it is on pilot basis.
Unearned salaries -- GH¢ 144,537.64. Birth and Death Registry
The Committee observed that there were payments of unearned salaries at the Registry of Births and Death to the tune of GH¢ 144,537.64.
The Ministry responded by stating that the amount was actually GH¢ 23,000 instead of GH c144,537.64 captured in the report. Some of the staff who are still at

last correspondence on the matter with EOCO was in March, 2017. The anomaly was partly attributed to a faulty procurement process.

Recommendation

The Committee urges EOCO to expedite action in its investigation to ensure speedy recovery of either the monies or the items involved in order to prevent loss of value.

Illegal possession of Government vehicle

The Committee observed that a former staff of the Ministry, Group Captain (Rtd) Twum-Danso was in possession of a vehicle belonging to the State even though he had retired from the Service.

The Ministry stated that the vehicle had been retrieved from the Officer. The Ministry explained that there is an existing protocol of giving retired officers of a certain category the opportunity to purchase the vehicles they are using prior to retirement.

However, the process involved had not yet been concluded and the vehicle was still in the possession of the Officer involved and it was queried by the Auditors at the time of audit.

Recommendation:

The Committee recommends to the Ministry to expedite action on vehicle allocation processes prior to retirement of officers, so as to prevent such avoidable embarrassment in the future.

Stalled Housing project

The Committee noticed that a project meant to provide a four storey housing

unit for the military had stalled due to legal action brought against the military.

The Ministry responded that the matter is being handled in court by the Attorney General. The Armed forces however explained that the contractor who was first awarded the contract could not perform and as such, the project was re-awarded to a new contractor.

Recommendation:

The Committee recommends to the Attorney General to expedite action for speedy settlement of the matter in court in order to pave way for the project to be completed for the use of the military.

Ministry of Trade and Industry

Missing Toyota Land Cruiser- GH¢

68,000.00

The Committee observed that a Toyota Land Cruiser worth GH¢68,000.00 belonging to the Ministry of Trade and Industry was missing from the pool of cars assigned to the Ministry.

The Ministry responded that the vehicle was found and the culprit was handed over to the police for further legal action. The Police has put the culprit before the law court and the case is still pending in court.

Non-Recovery of Loan -- US$16,000,000.00 Myroc Food Processing Company

The Committee observed that moneys given to Myroc Food Processing Company Ltd as a loan in 2013 at 12.5 per cent per annum with a two year moratorium over a 10-year repayment period had not been serviced by the company.

The Ministry responded that the Company is in the production of tuna for export and was performing quite profitably. Government decided, through

EDAIF, to shore up the capital base of the Company in 2013 because of the huge number of Ghanaians that the company employs.

The company defaulted in the repayment for a year, largely due to a challenge it faced as a result of a ban imposed on the importation of tuna into the EU Market.

The Ministry explained that the conditions of the loan agreement did not make adequate provisions in the event of default. EDAIF, now Ghana Exim Bank, is in close contact with the Company to ensure full recovery of the loan.

The Committee expressed its dissatisfaction in the manner in which the loan was granted without adequate provisions to cater for the interest of the tax payer in the event of a default as it is unusual to do so in preparing financial agreement of that magnitude.

Recommendation

The Committee recommends to the Ministry to involve the Attorney General in the matter as early as possible in order to ensure that every legitimate means necessary is deployed to guarantee recovery of the loan and if necessary, sanction the officials of the Ministry who renege on their responsibility at the time of drafting the agreement.

Ministry of Transport

UnCompetitive Procurement at DVLA-

GH¢ 345, 383.75

The Committee observed that between February, 2014 and December, 2014, the DVLA paid GH¢ 345,383.75 to a supplier without obtaining alternative quotations from other suppliers.

The Ministry explained that the violation happened under a hotel arrangement the DVLA made for their programme outside Accra where it was difficult to obtain alternative quotations.

Recommendation

The Committee urges the Ministry to endeavour to meet the requirements of the procurement laws and cautioned that it will in future not accept the explanations provided by the Ministry.

Rental of premises without Tenancy Agreement -DVLA Koforidua

The Committee observed that since 2008, the Authority had rented portions of its land in Koforidua to 10 private enterprises without the appropriate documentation to cover the agreements.

The Ministry indicated that the renting of the premises was done at the blind side of the Ministry, but the anomaly was corrected after it was raised by the Audit Report. A tenancy agreement has now been given to the tenants on the land with a reviewed rent to reflect market rates.

Recommendation

The Committee recommends to the Ministry to make copies of the tenancy agreement available to the Auditor- General for verification and authentication, and cautioned the Ministry to take appropriate steps to ensure that the situation is never repeated by any of its officers or agencies across the country.

Abandoned vehicle - DVLA Head Office

The Committee observed that a Toyota Camry belonging to the head Office of DVLA was taken to Toyota Ghana Ltd for servicing and was subsequently destroyed by flood. The car was towed to
Chairman of the Committee (Mr James Klutese Avedzi) 1:24 p.m.


Recommendation

The Committee recommends that, ADB should be made to refund the GHc609.12 as the Bank was informed that the salary was not earned and therefore could not be used to defray any debt.

Ministry of Chieftaincy and Religious Affairs

Fuel Purchase not accounted for-GH¢

106,086.00

The Committee observed that fuel Purchased by the Ministry totalling about GH¢106, 086.00 had not been accounted for with the requisite documentation.

The Ministry responded that the necessary support documents had since been provided and the amount was accounted for in 2014. However, the Auditors who attended upon the Committee at the public sitting indicated that they had no evidence of clearance documentation on the matter.

Recommendation

The Committee recommends that the Auditors go back to the Ministry to verify the authenticity of the purported clearance and report back to the Committee.

Ministry of Roads and Highways

Failure to account for use of equipment (G.H.A) -- Kumasi

The Committee observed that the Ashanti Regional Director of the Ghana Highway Authority (GHA), Mr David Addo, has kept Pedestrian Roller belonging to the Authority with him for over 156 weeks.

Recommendation

The Committee urges the Attorney General to act expeditiously in order to ensure full recovery of the money so as not to lose its actual value to time.

Furthermore, the companies involved should be identified alongside their Directors and blacklisted from obtaining contract from any government or public establishment in Ghana.

Abandoned Project -- GH¢28,020, 28,020,658.52 Department For Feeder Roads Takoradi

The Committee observed that 26 projects amounting to GHc28,020,658.52 awarded in 2008 and scheduled to be completed between 10 and 12 months had been abandoned at various stages of completion in Takoradi.

The Ministry responded that out of the 26 projects, only one company was able to complete its contract. The contracts given to the remaining contractors have been revoked for non- performance.

Ministry of Food and Agriculture

Failure to Implement Recommendation of Fire Audit Report

The Committee observed that the Ghana National Fire Service conducted a fire audit of the Ministry's building and produced a comprehensive report on fire safety in the Ministry but the recommendations were however not implemented.

The Ministry responded that it is implementing the recommendations and by September 2017, the Ministry will complete the implementation of the recommendations.

the Authority's Head Office in 2012 and abandoned.

The Authority responded that Toyota Ghana Ltd offered a compensation of GH¢ 17,000.00 in 2012 and the amount was rejected by the DVLA as it was considered inadequate. The Authority further stated that acting upon the advice of Auditors the amount was accepted in 2014.

The Committee expressed its dissatisfaction with the lay back attitude of the DVLA in dealing with the flooded vehicle as it was not economically prudent to have wasted two years without opting for legal means to obtain what was deemed to be the right compensation for the vehicle and ended up accepting the same amount they rejected two years earlier.

The Committee indicated that it will in future not accept the explanations offered by the DVLA and will surcharge office bearers for negligence of duty.

Ministry of Gender and Social Protection

Unearned Salaries -- GHc2,604.81 Accra Rehabilitation Centre

The Committee noted that unearned salary amounting to GH¢2,604.81 was paid to Mr Emmanuel Dotse between October and December 2014 even though the officer in question passed away on the 16th October, 2014.

The Ministry responded that the bank where the staff had his account was written to and GH¢ 1,995.69 was refunded. The Bank stated that GH¢ 609.12 out of the money paid into the account was used to offset the indebtedness of the staff in question to the Bank for a loan he took against his salary.

The Ministry responded that the Ashanti Regional director involved had been duly reprimanded by a disciplinary Committee set up by the Authority to investigate the issue. The Roller has been returned to the premises of the Authority and is in good condition.

The Director who was reprimanded indicated that the punishment recom- mended by the Auditor-General is too harsh, he is therefore pleading that the Committee reduces the sanctions to the amount of money he has already expended to service the Roller.

Recommendation

The Committee recommends that the Director be made to pay the rental charges at the rate provided by the Auditor- General, but limited to the actual number of days he used the Roller less than the expenditure incurred by the Director for servicing the Roller prior to its usage. Furthermore, appropriate disciplinary action should be taken by the Ministry against the Director.

Non execution of work after payment of mobilisation Department of Feeder Roads -- Takoradi

The Committee observed that in spite of the payment of mobilisation fees of GH¢ 450,926.05 to seven contractors in Takoradi for commencement of work in Takoradi, the contractors had not moved to site to kick start the project.

The Ministry responded that the money paid to some of the Contractors had been recovered but two of the contractors were yet to make full repayment of the money advanced to them. The Ministry indicated that the matter has been referred to the Attorney General for advice.
Chairman of the Committee (Mr James Klutese Avedzi) 1:24 p.m.


of unearned salaries to the tune of GHc158,235.60 in contravention of the

FAR, 2004 LI 1802.

The Ministry responded that GH¢ 22,265.51 has been recovered from the staff who took the money. The Regional Controller confirmed that GH¢ 17,621 has been paid.

Additionally, Rose Addae and Opoku George have made payments but it had not yet been transferred to chest by the Directorate. The Directorate also admitted that there was an error on the part of the auditors in computing the retirement date of some of the officers involved.

Uncompetitive Procurement- GH¢

36,843.35.

The Committee observed that, the Sunyani Directorate also made uncompetitive procurements amounting to GH¢ 36,843.35.

The Ministry responded that the items were procured for a programme which was being funded by the German government. The Germans who were jointly implementing the programme with the Ministry had their own food vendour and the Ministry thought it wise to use the vendour in line with their established procurement practice. The Ministry had stopped that practice and now makes its procurement according to the law.

Ministry of Food and Agriculture -- Bawku

Failure to withhold tax on allowances paid to officers -- GH¢ 880.

The Committee observed that the Bawku office failed to withhold tax on allowances paid to officers amounting to

GH¢ 880.00.

authentication and also urged that the head of the entity should endeavor to establish contact with the retired issuing officer for the final settlement of the matter.

Department of Agriculture -Assin Fosu

Payments not accounted for- GH¢

100,750.60

The Committee observed that a total amount of GH¢100,750.60 was not accounted for by the Municipal Directorate of Agriculture at Assin Fosu.

The Ministry responded that the situation was created by the imple- mentation of the decentralisation programme. The Directorate accesses its funds from the District Assembly for its operations.

Management was therefore of the view that the audit conducted at the District Assembly level was going to cover their activity. However, they were told by the auditors to render their own account. The unit was asked to provide receipt for the utilisation of the funds they accessed.

The Directorate was unable to provide the receipts because they had been sent to the District Assembly. The receipts were however retrieved and submitted to the Audit service for verification.

Ministry of Youth and Sports

Youth Leadership Training Institute- Fawohoyeden-Goaso

Fictitious Payments -- GH¢77,820.47

The Committee observed that cheques amounting to GH¢ 77,820.47 paid to Paa Ollu Enterprise by the Youth Leadership Training Institute at Goaso were fictitious.

Encroachment on the Ministry's land

The Committee observed that the land hosting the Nungua Farms is gradually being encroached.

The Ministry responded that, originally, the farm was on a one mile square allocated to the Ministry around the 1940s. However, in 1966, the Government of Ghana made the farm to cede part of the land to the University of Ghana for its activities leaving the Farm with 1684 acres.

In the year 2001, a portion of the land was released for the affordable housing project and a portion was given back to the Chiefs of the Nungua Traditional Council. The farm retained only 640 acres of the land. Currently, there has been a serious encroachment on the remaining land to the extent that they only have about 100 acres left for their activities.

The Ministry reported the matter to the Police and it is currently before the law court. The Ministry however, indicated that it does not even have title to the land it is currently occupying.

Recommendation

The Committee recommends to the Ministry to secure titles to the remaining lands while efforts are being made to recover the encroached lands.

Regional Agricultural Development Directorate (Sunyani)

Unearned salaries -- GH¢ 158,235.60

The Committee observed that the Sunyani directorate of the Ministry of Food and Agriculture recorded incidents

The officer in charge responded that he was not aware of the findings as he was not at post when the audit was being carried out and no information was left about it in the handing over notes.

Recommendation

The Committee recommended that the Auditor-General provide the new officer with the details and ensure the recovery of the said amount and report to the Committee.

Regional Agricultural Development Unit

(WA)

Vaccines not accounted for-GH¢

9,402.00

The Committee observed that a review of the stores and accounting records of the Vaccines Unit revealed that vaccines issued to veterinary officers in the unit could not be accounted for. The amount involved was GH¢ 9,402.00

The Head of the Veterinary Unit responded that he enquired from the officers involved and some of them submitted receipts issued to them upon the collection of the vaccines.

Unfortunately, however, the Directo- rate is unable to establish contact with the issuing officer at the time who is currently on retirement to ascertain the facts as to what actually happened. The other officers had paid and the outstanding balance is GH¢ 802.00

Recommendation

The Committee recommends that the officer tender in the receipt from the veterinary directorate to the Auditor- General's office for verification and
Chairman of the Committee (Mr James Klutese Avedzi) 1:24 p.m.


Management responded that the amount involved represents three terms' feeding grants for the students.

The money was supposed to have been released through the GIFMIS system but it came directly to the school and the school paid the suppliers on individual basis. The original invoices were at the headquarters when the auditors came for their audits, but were later submitted.

Recommendation

The Committee recommends to the Auditor General to relook at the document submitted by the Institute for clarification on the matter.

Regional Sports Authority -- Sekondi

Unsupported Payments -- GH¢

37,569.14

The Committee observed that, the Regional Sports Council in Sekondi made payments totalling GH¢ 37,569.14 without the necessary supporting receipts and invoices in contravention of Regulations 39(2C) of the FAR of 2004.

Management responded that, even though the auditors in their status report confirmed that there was a delay by them in submitting particulars of the payment vouchers to the Unit of the Authority to enable its officials identify the receipts needed to be supplied to the Auditors for verification, the Authority subsequently submitted copies of the vouchers and receipts to the District Auditor for clarification on the outstanding amount.

National Youth Authority -- Head Quarters

Misapplication of Fund by the National Youth Authority- GH¢ 215,100.00

The Committee observed that an amount of GH¢ 450,000.00 was released to the National Youth Authority Secretariat to be used as feeding grants for the 11 youth Leadership Training Institutes across the country. An amount of GH¢ 215,100.00 was used to cater for administrative expenses of the Institutes. Also, GH¢ 56,400.00 out of the GH¢ 215,100 was kept by the Authority and used without accounting for the expenditure.

Management of the Authority explained that they sought permission from the Ministry to use GH¢215,000 for administrative activities of the head office. However, the Authority did not have in its possession the approval letter of the Ministry at the time of the audit.

Recommendation

The Committee recommended that the Ministry and the Authority submit evidence of approval of the expenditure to the Auditor- General for authentication.

Judicial Service

Unclaimed Deposits with former Banks-

GH¢ 209,035.30

The Committee observed that there were unclaimed deposits by litigants amounting to GHc209,035.30 being held in an old account of the Judicial Service at HFC Bank and La Community Bank.

Management of the Service responded that they appointed an accounting firm (Ali Nakyea and Associates) to do the reconciliation on behalf of the Service. The firm has completed its work but the bank had not been able to do its reconciliation as there are differences in the figures the

cracks barely two years after it was constructed. Also, toilet facilities at the court could not be used due to non- completion of work by the contractor.

The Service stated that the Court building was supposed to have been built at La in the Greater Accra Region. The La compound had a good sceptic tank but there was litigation on the land and so the construction of the court was moved to Kasoa.

The Service subsequently had to make changes to the design of the court to be built at Kasoa, especially on the foundation, roofing and structure of the building. Road works and power supply were added.

This significantly increased the cost of the project and the money was not sufficient to complete the whole project and as such the external works had to be delayed. DANIDA later came to the aid of the Service, by constructing the sceptic tank needed for the use of the toilet facility.

Recommendation

The Committee recommends that the contractor for the Kasoa projects be made to complete the project as early as practicable while the contractor for the Winneba project is called to rectify the defects before payment of his retention.

Unaccounted Revenue Vakpo-

GH¢2,110.31

The Committee observed that revenues realised from the registration of cases at the court at Vakpo were not fully lodged in the accounts as stipulated in Regulation 297(1) Of the FAR 2004.

The Court Registrar explained that although the court is a newly established one, the cabinet it was using for safe

Service arrived at and that of the bank. The Service has taken the matter to court for determination.

Failure to produce Bank Statement -- (GH¢ 193,393.20) - Fiapre

The Committee observed that an accountant at Fiapre Court “B” could not produce bank statements to back a revenue of GH¢193,393.20 collected by the court and purported to have been lodged at the bank in contravention of regulations 47(1 C) of FAR 2004 (LI 1802).

The Service responded that Fiapre Judicial Court has no bank statement since the year 2000 when the account was opened. This is because the Accountant of the court is not a signatory to the accounts and as such he is unable to access the statement as it will require authorisation from the Headquarters of the Service.

The court recently had the statement when the Judicial Secretary wrote a letter to Ghana Commercial Bank to release the statement.

Recommendation

The Committee recommends to the Judicial Service to consider introducing the Accountant to the Bank as an authorised person to receive Statements on behalf of the Service or the Service must request for Statements periodically and give copies to the Accountant for audit and reconciliation purposes.

Shoddy Construction Works

GH¢1,241,585.86

The Committee observed that physical inspection of a DANIDA sponsored court building at Winneba revealed serious
Chairman of the Committee (Mr James Klutese Avedzi) 1:24 p.m.


keeping of money was very old and there was a challenge in opening it as the key was faulty. This resulted in the delay for sending the money to the bank. The Registrar indicated that the problem was rectified and work was going on accordingly.

Recommendation

The Committee recommends to the Judicial Service to consider providing the Court with new cabinet and the necessary tools required in order to avoid the recurrence of the challenge.

Fraudulent Payment of Court Deposit GH¢ 8,000.00 -- Axim

The Committee observed that the Court Registrar paid the sum of GHc8,000.00 to Nana Amponsah Okobena without evidence of application letter and contact address of the recipient.

The Service responded that, the payment was not fraudulent and that the main issue of the auditors was about the signature on the payment voucher and the signature on the charge sheet.

The auditors thought the signatures that are supposed to be on the two sheets should be the same but it must be noted that, complainants do not sign on charge sheets but rather on PVs. From the record of the Service, the signature on the payment voucher was the same as that on the PV which was in sync with the signature of the claimant.

The Committee wondered why the same explanation was not given to the Auditors at the time of the audit and therefore admonished the Service to take audit queries more seriously, as much is expected of the judiciary in terms of proper conduct.

Proceeds from sale of Mining equipment not accounted for -- GH¢64,000.00 (Tarkwa)

The Committee observed that the Court Registry at Tarkwa could not account for the sale of mining equipment with a market value of GH¢64,000.00 that was auctioned at the orders of the Court. The Report further indicated that the auction ought to have been conducted under the supervision of the registrar, but he did not supervise the auction.

The Service responded that the auction was carried out, by the police and the Registrar was not invited as directed by the Court. According to the Service, the Police later informed them that the valuation was done by STC and each equipment was valued at GH¢ 100.00.

Ministry of Environment, Science, Technology and Innovation

Short supply of Better Ghana Laptop Programme --

The Committee observed that RLG Communication Ltd was contracted to produce and distribute 103,181 pieces of Laptops at a total cost of GH¢ 51,257,500.00. RLG produced and distributed 90,448 laptops leaving 12,733 laptops worth, GH ¢

6,366,875.00.

The Ministry responded that RLG was paid to further supply, 12,274 laptops costing Gh¢ 6,366,875. It was realised that some of the laptops submitted by the company were defective and had to be replaced.

The total cost of the defective laptops was GH¢ 28,000.00. Additionally, as part of the supply of the 90,448 laptops, there were 12,733 outstanding pieces to be supplied by RLG. The Ministry and the Company came to an arrangement to

convert the outstanding 12,733 to higher specification laptops which all together would result in 3,180 laptops.

The Ministry later realised that the specification of the machines provided by RLG was not higher than what had been supplied earlier. The Ministry is therefore demanding a refund of, GH¢ 28,000.00

Recommendation

The Committee recommends to the Ministry to reconcile with RLG so that the defective laptops can be replaced. Additionally, 3,180 higher specification laptops must be supplied to settle the matter.

General Observation and Recommendation

Clearance letters

The Committee observed a trend where staff of Ministries, Departments and Agencies cited in audit reports appeared before the Committee with clearance letters from Regional and District Audit offices to indicate that they have been cleared of wrong doing.

Recommendation

The Committee recommends to the Auditor-General to caution its officials to desist from that practice and apply the surcharge provision in article 187(7)(b) of the Constitution.

Failure to Respond to Audit Queries in Time

The Committee further noted that most MDAs cited in the Report could have resolved the issues raised against them without being captured in the Report. Auditees are required by law to respond to queries raised by the Auditor-General

within 30 days after the Exit conference where the issues involved are discussed.

Unfortunately, some heads of entities do not attach importance to the work of the Auditor-General, but end up resolving the very issues of concern within few days prior to appearing before the Public Accounts Committee.

Recommendation

The Committee recommends to all Heads of entities to desist from the practice as the Auditor-General will begin to exercise his powers to surcharge them before they appear at the PAC.

The Committee further recommends that the Auditor-General exercises its authority to surcharge recalcitrant heads of entities who consistently indulge in this practice so as to serve as a deterrent.

Conclusion

In conclusion, the Committee re- commends to the House to adopt its Report on the Report of the Auditor- General on the Public Accounts of Ghana, Ministries, Departments and Other Agencies for the Financial Year ended 31st December, 2015 with its recommendations on the findings of the Auditor-General in accordance with Order 165 of the Standing Orders of the Parliament of Ghana.

Respectfully submitted.
Mr First Deputy Speaker 1:24 p.m.
Hon Ranking Member -- ?
Mr Kofi Okyere-Agyekum (NPP- Fanteakwa South) 1:24 p.m.
Mr Speaker, I thank you for the opportunity to second the Motion ably moved by the Hon Chairman of the Committee.
Mr Kofi Okyere-Agyekum (NPP- Fanteakwa South) 1:24 p.m.


courts. This will not only guarantee prompt collection and payment of revenue, but will also serve as deterrent to those who intend to violate the tax laws.

Furthermore, GRA should embark on a vigorous public education on the payment of rent taxes by landlords.

The GRA should adopt a system to capture all landed properties in the country in order to maximise rent tax from the landlords.

Government should also consider reviewing our rent control laws with the objective of introducing punitive provisions, provide GRA with the needed technological equipment to enable it to capture every rentable property in the country”.

Mr Speaker, I would also move to page 27 on the issue of the Ministry of Environment, Science, Technology and Innovation. The Ministry of Environment, Science, Technology and Innovation entered into a contract for the supply of 103,181 pieces of laptops by RLG Communications Limited.

The company distributed 90,448 laptops, leaving a balance of 12,733 laptops. This was worth GH¢6, 366,875.00 as of that time. As of the time of the audit report, the company and the Ministry had come into an agreement --”
Mr First Deputy Speaker 1:24 p.m.
Hon Ranking Member, we have copies of the Report. If you have comments, let us listen to them. As for the Report, we have copies.
Mr Okyere-Agyekum 1:24 p.m.
Mr Speaker, thank you. It reads with your permission:
“The Committee recommends to the Ministry to reconcile with RLG so
Mr First Deputy Speaker 1:34 p.m.
Very well.
Question proposed.
Hon Member for Lawra?
Dr Clement Apaak (NDC— Builsa South) 1:34 p.m.
Mr Speaker, thank you. I rise to contribute to the debate on the Motion that this House approves the Report of the Public Accounts Committee on the Report of the Auditor-General on the Public Accounts of Ghana (Ministries, Departments and other Agencies) for the financial year ended 31st December, 2015.
In doing so, I just want to make one or two brief comments. Going through the Report and having been an Hon Member of the Committee which produced this Report, I wish to state that one of the areas that has worried me and continues to be a matter for our collective attention is the protection of public lands.
Mr Speaker, under the Ministry of Agriculture, looking at page -- In any case, while I am trying to locate the page, I can make some general comments. The case in question is that a vast tract of land belonging to the Ministry has been encroached upon and quite clearly, this has implications for the full functionality of the Ministry, and in particular, these Agencies including public funds.
Mr First Deputy Speaker 1:34 p.m.
Very well.
Question put and Motion agreed to.
Mr Kwasi Ameyaw-Cheremeh — rose —
Mr First Deputy Speaker 1:34 p.m.
Yes, available Leader?
Mr Ameyaw-Cheremeh 1:34 p.m.
Mr Speaker, the item numbered 8, subject to your overriding convenience.
Mr First Deputy Speaker 1:34 p.m.
Hon Leader, your suggestion is item numbered 8, right?
Mr First Deputy Speaker 1:34 p.m.
Very well. Item numbered 8 - Right to Information Bill, 2018 at the Consideration Stage.
BILLS -- CONSIDERATION STAGE 1:34 p.m.
Mr First Deputy Speaker 1:34 p.m.
Clause 13 (i)? Hon Chairman of the Committee, it says that “Debate to continue”.
Mr Banda 1:34 p.m.
Mr Speaker, that was on Friday and I pleaded to have clause 13 stood down. I have reconstructed it and the new rendition is long. And so I would plead that it be published in the Order Paper probably tomorrow. I have spoken to Mr Djietror and we would do that tomorrow.
Mr First Deputy Speaker 1:34 p.m.
So, the decision on clause 13 continues to be deferred.
Mr First Deputy Speaker 1:34 p.m.
Very well.
Let us go to clause 14 then.
Mr First Deputy Speaker 1:34 p.m.
Mr Speaker, upon a closer examination of clause 14, the new proposed amendment must be withdrawn because it has been well taken care of under clause 14 of the Bill which is headed: “Parliamentary privilege, fair trial, contempt of court”. That is clause 14 of the Bill.
So I move that, with your permission, clause 14 as captured on the Order Paper, be withdrawn.
Mr First Deputy Speaker 1:34 p.m.
You mean the proposed amendment?
Mr First Deputy Speaker 1:34 p.m.
Item numbered (iii)? That same amendment has been proposed by the Hon Member for Suhum. Or you withdrawing your proposed amendment, right?
Mr Banda 1:34 p.m.
Mr Speaker, rightly so.
Mr First Deputy Speaker 1:34 p.m.
Very well. Let the records reflect that the proposed amendment in clause 8(iii) by the Hon Chairman is withdrawn.

Item numbered 8(iv)? The Hon Member for Suhum is not here. [Pause] - He has not asked anybody to move that on his behalf. Very well. So it is struck out.

Question put and amendment agreed to.

Clause 15 — There is no advertised amendment to clause 15.
Mr Banda 1:34 p.m.
Mr Speaker, as much as there is no proposed amendment to clause 15, I have come across a little amendment that we have to effect, particularly, to 15(1) (b). If the House accepts the proposed amendment, I will pray that same be passed.
Let me take clause 15(1) (b), for the better understanding of Hon Members:
(1) ‘Information is exempt from disclosure.
(b) where the disclosure of the information reveals confidential communication between a doctor and a patient and or …'
Mr Speaker, instead of “medical expert”, I will crave your indulgence to insert ‘or any other health officer'.
Mr First Deputy Speaker 1:44 p.m.
Hon Chairman, what is your reason?
Mr Banda 1:44 p.m.
Mr Speaker, the first category deals with a doctor-patient relationship. We are talking about a doctor and a patient and so to say “any other medical expert” does not sound well to me because we have already spoken about a medical doctor or a medical expert. So “any other” should refer to a health officer.
Mr First Deputy Speaker 1:44 p.m.
Let me listen to the Hon Member for Bawku Central.
Mr Mahama Ayariga 1:44 p.m.
Mr Speaker, thank you very much.
The sense I get from the Hon Chairman's position is that when we exempt only medical experts then we may have a situation where in a hospital the nurse would not necessarily be a medical expert, but by virtue of handling the folders, managing and having discussions with the patients, administering medi- cation, sending patients to radiologists for X-rays and so on that person could come across information just as vital as what a medical expert would have.
So this new rendition would extend it to cover all such persons and protect the information that they have in relation to patients.
Mr Speaker, if that is the sense in which the Hon Chairman is asking for a more expansive definition so that it is not limited to just medical experts, then I would support him otherwise he may have to give us the definition of health officers in relation to medical experts.
Mr First Deputy Speaker 1:44 p.m.
Does anybody else have a contrary position?
Alhaji I.A.B. Fuseini 1:44 p.m.
Mr Speaker, the contrary position is just to improve on what he said.
Mr First Deputy Speaker 1:44 p.m.
Then it is the same position.
I have a contrary view so please listen. Hon Members, I would want you to consider this:
“(b) the disclosure of the information reveals confidential commu- nication between a doctor and a patient or any other medical expert in connection with the medical diagnosis …”
It is not any ordinary information, so it does not admit of any other person who does not have the power to make medical diagnosis. The non-disclosure of personal matters follows in clause 16. If a nurse carries my file and reads something from it then it comes under my personal information and the nurse is not entitled to disclose it.
Clause 16 deals with this, but when we come to clause 15 the issue is about medical diagnosis and people who have the power to determine that considering these symptoms --
I believe that we should differentiate --
rose
Mr First Deputy Speaker 1:44 p.m.
Hon
Member for Wa Central?
Mr Chireh 1:44 p.m.
Mr Speaker, I believe the position that you have taken is correct because we cannot start with a doctor and end with a health worker. That should not be the case because the issue is about a doctor-patient relationship.
When we talk about a medical expert, it is not necessarily a doctor, but the expert is part of the diagnosis. If the person is a laboratory scientist or those other people who play a role in diagnosis, their view would be captured as a doctor-patient relationship.
Mr Speaker, we should not introduce “health officers” as if we are broadening the picture. Mr Speaker, because of the precedent of doctor-patient relationship then it should be restricted to -- I believe that the way it has been captured is better and so we should retain it as it is.
Mr First Deputy Speaker 1:44 p.m.
So I would put the Question.
rose
Mr First Deputy Speaker 1:44 p.m.
Hon Member for Suhum?
Mr Opare-Ansah 1:44 p.m.
Mr Speaker, sorry to take you back to clause 14.
Mr First Deputy Speaker 1:44 p.m.
I am putting the Question on clause 15.
Mr Opare-Ansah 1:44 p.m.
Mr Speaker, I am not raising a Question on clause 14.
Mr First Deputy Speaker 1:44 p.m.
Let me put the Question on clause 15 and then I would come back to you.
Clause 15 ordered to stand part of the Bill.
Mr First Deputy Speaker 1:44 p.m.
The Hon Second Deputy Speaker would take the Chair, meanwhile we could listen to Hon Opare-Ansah.
Mr Opare-Ansah 1:44 p.m.
Mr Speaker, thank you.
Mr Speaker, last week the Hon Second Deputy Speaker presided and he directed that similar amendments stood in my name as well as the name of the Hon Chairman and so it was necessary for us to go and winnow.
I have been sitting and waiting to hear something from the Hon Chairman of the Committee so that we could indicate our thoughts, only for me to see on the television that he has come here to stand down his amendment and also strike out my amendments.
Mr Speaker, I just rushed here --
Mr First Deputy Speaker 1:44 p.m.
Hon Member, the Hon Chairman has not struck out your amendments. I did that because you were not on the Floor of the House. You were sitting in your office and watching proceedings, but unfortunately, you cannot contribute from there.
Mr Opare-Ansah 1:44 p.m.
Mr Speaker, we had been directed to do winnowing on these amendments and it has not happened yet.
Mr First Deputy Speaker 1:44 p.m.
You could not have shared this information from your office.
MR SECOND DEPUTY SPEAKER
Mr Second Deputy Speaker 12:51 p.m.
Hon Majority Chief Whip, we want
clarification. Did the Hon First Deputy Speaker actually put the Question on clause 15?
Mr Kwasi Ameyaw-Cheremeh 12:51 p.m.
Mr Speaker, we were considering that clause but he did not put the Question. You may put the Question now.
Mr Second Deputy Speaker 12:51 p.m.
He did not put the Question on clause 15?

What is the controversy? Some people are saying that he put the Question, but others are saying he did not.
Alhaji I.A.B. Fuseini 12:51 p.m.
Mr Speaker, he put the Question and clause 15 was ordered to stand part of the Bill. We did not do any amendment on it.
Mr Second Deputy Speaker 12:51 p.m.
So we would move to clause 16.
Clause 16 -- Disclosure of personal matters
Mr Banda 12:51 p.m.
Mr Speaker, we dealt with clause 16 on Friday.
Mr Second Deputy Speaker 12:51 p.m.
Was there no outstanding issue on clause 16?
Mr Banda 1:54 p.m.
Mr Speaker, we have dealt with all the outstanding issues, and it is captured at page 12 of the Votes and Proceedings dated Friday, 2nd November,
2018.
Mr Second Deputy Speaker 1:54 p.m.
That is so. It is captured under the Votes and Proceedings of Friday, 2nd November, 2018. And so we would proceed to clause 17.
Clause 17 -- Disclosure for the possession of public interest
Mr Second Deputy Speaker 1:54 p.m.
There is an amendment which stands in the name of the Hon Minority Leader, Hon Haruna Iddrisu, but I do not see him on the Floor. So we would proceed to the next proposed amendment which stands in the name of the Chairman of the Committee.
Mr Banda 1:54 p.m.
Mr Speaker, I beg to move, clause 17 subclause (1), opening phrase, line 1, delete “exempt information” and insert “information exempt from disclosure” and in line 2, after “exempt” insert “from disclosure”.
Mr Speaker, this is a consequential amendment. Be that as it may, I would read the new rendition:
“Despite a provision of this act on information exempt from disclosure, information is not exempt from disclosure if the disclosure of the information reveals evidence of …”
Mr Second Deputy Speaker 1:54 p.m.
Hon Members, this is consequential. I would put the Question.
rose
Mr Second Deputy Speaker 1:54 p.m.
Yes, Hon K. T. Hammond?
Mr Hammond 1:54 p.m.
Mr Speaker, I rise to propose another amendment to clause 17.
Mr Speaker, I beg to move that the whole of clause 17 be deleted.
Mr Second Deputy Speaker 1:54 p.m.
Hon Members, let me first draw your attention to Standing Order 40(3). Having regard to the nature of Business, I would proceed to extend the time of Sitting beyond the normal 2.00 p.m.
Mr Second Deputy Speaker 1:54 p.m.


Hon K. T. Hammond, what is the issue you want to raise?
Mr Hammond 1:54 p.m.
Mr Speaker, on clause 17, the structure of this whole Bill is such that some species of information are exempted from disclosure for various reasons. If we go through the various reasons why these particular information are indicated; almost invariably, they all talk about --
The condition for making sure that information is revealed or disclosed is because it is in the public interest that it is done, and the various segments are identified because it would lead to discovery of miscarriage of justice. It would lead to discovery of --
Mr Speaker, various items are identified in almost all the saving provisions. What is seen in clause 17 is that, it renders all the exemptions a nullity.
Mr Second Deputy Speaker 1:54 p.m.
Hon Member, could you give us notice? This is because, this is a major proposed amendment. You are talking about the deletion of the whole of clause 17. There is nothing on the Order Paper in respect of that.
So, if you have an issue with the whole of clause 17, I think the proper thing is to file a proposed amendment. Give notice to Hon Members; they can prepare and come and debate you.
Mr Hammond 1:54 p.m.
In our consideration of various Bills all over these years, I have become accustomed to the fact that we could, in making amendment on the hoof, but --
Mr Second Deputy Speaker 1:54 p.m.
No. This is a major one, and it is not coming from the Committee.
Please, Hon Member -- ?
Mr Hammond 1:54 p.m.
In which case, Mr Speaker, you might then want to stand down the consideration of clause 17 so we could deal with the rest.
Mr Second Deputy Speaker 1:54 p.m.
Well, Hon Member, you can call for a Second Consideration. The rules permit that. I would put the Question, but if you still object, when we come to the Second Consideration Stage, you can propose the amendment to delete the whole of clause
17.
As of now, I do not think you are properly before the House to move this Motion. So let us move on. I would put the Question.
Mr Hammond 1:54 p.m.
I cannot challenge Mr Speaker. I thought we could deal with it as we go along.
Mr Second Deputy Speaker 1:54 p.m.
You have no authority to challenge the Speaker.
Mr Hammond 1:54 p.m.
Mr Speaker, I think on the substantive motion, I would have the authority to challenge Mr Speaker, would I not?
Mr Second Deputy Speaker 1:54 p.m.
Hon K. T. Hammond, I take it on the lighter side, then we move on.
Question put and amendment agreed to.
We would move to the next amendment which is captured in item (vii), on the Order Paper which stands in the name of the Hon Minority Leader, Hon Haruna Iddrisu.
Again, I cannot see him on the Floor, and so, we would need to leave his proposed amendments and move to item 8 (viii) on page 4 of the Order Paper.
Alhaji I.A.B. Fuseini 1:54 p.m.
Mr Speaker, even though the Hon Minority Leader is not here, his amendment seeks to improve clause 17 (1) (a), where the exemption --
Mr Second Deputy Speaker 1:54 p.m.
Hon Ranking Member, which of his amendments?
Alhaji I.A.B. Fuseini 1:54 p.m.
Mr Speaker, it is the one advertised as --
Mr Second Deputy Speaker 1:54 p.m.
Item 7 (vii) or 8 (viii)?
Alhaji I.A.B. Fuseini 1:54 p.m.
Mr Speaker, it is item 7 (vii), on page 4 of the Order Paper where he proposes that we delete “a law” and insert “any law”.
Mr Second Deputy Speaker 1:54 p.m.
Do you have the authority to move the amendment?
Alhaji I.A.B. Fuseini 1:54 p.m.
Mr Speaker, I have his authority so to do.
Mr Second Deputy Speaker 1:54 p.m.
[Laughed.] Are you sure you have his authority? I think maybe upon a second thought, he decided not to move it because “a law” refers to “any law”. That you know, yourself.
I am sure if he had been present, he would not have moved it. That is why I am doubting your authority.
Alhaji I.A.B. Fuseini 1:54 p.m.
Mr Speaker, it is an implied authority.
Mr Second Deputy Speaker 1:54 p.m.
It is implied from where?
Alhaji I.A.B. Fuseini 1:54 p.m.
By the virtue of the fact that I have been elevated to sit on the Front Seat. -- [Laughter.]
Mr Second Deputy Speaker 2:04 p.m.
Yes, so Hon Chairman of the Committee, item (ix) at page 4 of the Order Paper.
Mr Banda 2:04 p.m.
Mr Speaker, before we move to clause 18 --
Mr Second Deputy Speaker 2:04 p.m.
I have to put the Question on clause 17, because the other one is pending. I do not know whether there is any intention to move the item (viii). Is there no intention? So we take it as withdrawn.
I would put the Question on the whole of clause 17.
Mr Banda 2:04 p.m.
Mr Speaker, there is an amendment being proposed by the Leader of the House, Hon Kyei-Mensah-Bonsu. It has to do with clause 17(1) (b).
Mr Speaker, that amendment has not been advertised, but the Hon Leader wants us to capture the language in articles 18(2) and 24(4) of the Constitution.
Mr Speaker, this is how the Hon Leader crafts clause 17(1) (b). If Mr Speaker would permit me, I would read same to the hearing of the House to consider if it is acceptable by this august House.
Mr Second Deputy Speaker 2:04 p.m.
What is the authority in moving this Motion? Are you seeking for my leave to move the Motion for and on behalf of the Hon Majority Leader, who is visibly absent?
Mr Banda 2:04 p.m.
Mr Speaker, I have the permission of the Leader to proffer this proposed amendment on his behalf.
Mr Second Deputy Speaker 2:04 p.m.
The Hon Member for Wa West has been standing for some time now?
Yes, Hon Member?
Alhaji I.A.B. Fuseini 2:04 p.m.
Mr Speaker, more particularly, the Hon Chairman is telling us that he has the permission of the Hon Majority Leader to move an amendment.
The Order Paper of today does not advertise any amendment from the Hon Majority Leader, and so we are unaware of any amendment filed by the Hon Majority Leader. How can he have his permission to move the amendment?
At best, it could be the Hon Chairman's amendment, not the Hon Majority Leader's amendment.
Mr Speaker, in any case, as you have said, it is a major amendment, and if he is minded, he can arrest the Third Reading by a Second Consideration, and then we could look at it.
Mr Second Deputy Speaker 2:04 p.m.
Hon Chairman, you move the amendments to the Bill for and on behalf of the Committee, and so you derive your authority from the Committee. You cannot be moving
amendments for and on behalf of the Hon Leader.
The Hon Leader could have mandated another person to do so, but you having chaired the Committee and having listened to all the stakeholders and having proposed amendments, and having not thought that this is one of the amendments to be moved, the Hon Leader of the House would not be in the position to influence you to use your position as Chairman of the Committee to move that kind of amendment.
It could have been passed on to another Hon Member, but if you felt that the proposed amendment from the Leader of the House is a genuine one and it is something that should be moved, then you should have drawn the attention of the Hon Members of the Committee to that proposed amendment, and then drawn your authority to move it. And that is why I raised that issue.
Once you have not done that, you also have the liberty if you feel that it is relevant to come at the Second Consideration Stage. So let us move on.
rose
Mr Second Deputy Speaker 2:04 p.m.
I am sure you are not on your feet to litigate this matter?
Mr Opare-Ansah 2:04 p.m.
Mr Speaker, I only want to draw the attention of the House to Order 129(b).
Mr Speaker, with your permission, I read 2:04 p.m.
“ if any Member announces, while a clause is being called, that he wishes to move an amendment to, or make some comment on the clause, Mr Speaker shall not put the
Question with regard to the clause which has been called but not yet agreed to, which shall then be considered;”
Mr Speaker, this is clear that when we are at the Consideration Stage and we are considering a particular clause, because the rules are relaxed, Hon Members may come with amendments which are not listed.
I heard the Hon Member for Tamale Central saying that some amendments are not advertised, and for that matter they cannot be considered.
Mr Speaker, that has no role in our Standing Orders. The Standing Orders at the Consideration Stage are quite flexible and we all know that during the debate about amendment of clauses, new ideas come up, and we stand on our feet and propose amendments, and that is why it is possible for Hon K.T. Hammond to rise and say we should delete the entire clause 17 because listening to the various propositions that have come up, he feels that we have to delete the entire clause.
So Mr Speaker, the Standing Orders are very clear on that matter. Thank you.
Alhaji I.A.B. Fuseini 2:04 p.m.
Mr Speaker, I never said that we could not consider an amendment which is not advertised. We have done that severally in this House. I said that we cannot seek to rely on a non- existent authority to move an amendment which is not advertised.
We have not seen an advertisement in the Order Paper filed in the name of the Hon Majority Leader which can be moved by the authority of someone, so we are unaware of the intentions of the Hon Majority Leader captured on the Order
Paper, so for somebody to tell us he has authority to move an amendment on his behalf, that is imaginary.
If he was moving the amendment in his name, that would be perfectly consistent with the Standing Order the Hon Member has read.
So I have never said that, and I do not wish to be misquoted on this matter.
Mr Second Deputy Speaker 2:14 p.m.
Hon Members, let us move forward. We all have the rules. In fact, I did not shut the door in the face on Hon K.T.Hammond.
I said the proposed amendment was a major one. He was going to delete a whole clause which had been duly considered by the Committee and accepted with just a few amendments to the clause. His proposed amendment was to delete the whole clause, and I said it was a major one and there was the need for him to give notice to be advertised to give Hon Members the opportunity to go through it.
He could not use the issue of the informality of the Consideration Stage to allow such a thing to be done. It would be taking the House by surprise.
That was the issue I raised and I believe that was the right thing to do. I believe that we can move on to the next one. Hon K. T. Hammond is here and I am sure he would come at the right time, the Second Consideration Stage, to move his proposed amendment.
So Hon Members, let us move on.
Mr Hammond 2:14 p.m.
Mr Speaker, just one second. Please indulge me.
Mr Second Deputy Speaker 2:14 p.m.
Hon Chairman, there is a proposal that we should stand down the clause. What is your position on that?
Mr Banda 2:14 p.m.
Mr Speaker, I agree that we do so.
Mr Second Deputy Speaker 2:14 p.m.
Because you were trying to take a second responsibility.
Mr Banda 2:14 p.m.
Mr Speaker, I even tried to proffer an amendment and it was vehemently opposed by the Hon Ranking Member, so it is prudent and fair that we have this clause stood down to take care of Hon K. T. Hammond's concern, too.
Mr Second Deputy Speaker 2:14 p.m.
Hon Members, I direct that clause 17 be stood down.
Clause 18 -- Application to access information
Mr Banda 2:14 p.m.
Mr Speaker, I beg to move, clause 18 -- subclause (1), paragraph (d), line 2, before “officer”, insert “information”.
Mr Speaker, it would read 2:14 p.m.
“An application to access information held by a public institution shall --
(d) state the capacity of the applicant to the satisfaction of the information officer to whom the application is made, if the application is made on behalf of another person.”
Mr Second Deputy Speaker 2:14 p.m.
Hon Members, I believe this is a straightforward matter so I will proceed to put the Question.
Question put and amendment agreed to.
Mr Second Deputy Speaker 2:14 p.m.
There are so many proposed amendments to clause 18 so Hon Chairman, if you could take them expeditiously. I believe they are minor amendments proposed.
Mr Banda 2:14 p.m.
Mr Speaker, I beg to move, clause 18 subclause (1), paragraph (e), line 1, after “state”, insert “the name of the applicant and”.
So it would then read:
“An application to access information held by a public institution shall --
(e) state the name of the applicant and an address to which a communication or notice can be sent”.
Question put and amendment agreed to.
Mr Second Deputy Speaker 2:14 p.m.
Hon Chairman, item numbered 8 (xi).
Mr Banda 2:14 p.m.
Mr Chairman, item numbered 8 (xi) is in the name of the Hon Opare-Ansah.
Mr Second Deputy Speaker 2:14 p.m.
Hon Member for Suhum?
Mr Opare-Ansah 2:14 p.m.
Mr Speaker, I beg to move, clause 18 -- subclause (1), paragraph (f), delete.
Mr Speaker, this particular paragraph seeks to ask applicants to accompany their application with a fee. Mr Speaker, it is my view that if we look at clause 22, where a decision is taken on the application, that is the point at which any payments may fall due under clause 78 and it would then become payable.
Mr Speaker, to ask an applicant to accompany their application with payments right from the onset would defeat the purpose of this particular Act. We would want people to feel free that they can access information.
If after they make their submission it is determined that there is some cost to the reproduction of the information for them, then the particular institution can indicate to them that they have received the application, processed it and there is some cost to it and so the applicant can come and make payment and have access to the information. But to ask that right from the onset the applicant makes payment, I believe that is wrong.
Mr Second Deputy Speaker 2:14 p.m.
I believe the Hon Member has a case. I take it that the Motion has been moved and it is for the consideration of the House.
Mr Banda 2:14 p.m.
Mr Speaker, without letting Hon Members speak, I believe this position has already been taken by the
Committee. We are not also proposing an application being accompanied by the prescribed fee. That would be a hindrance to access to information and that would defeat the purpose for which the law is being enacted.
Mr Speaker, I support his proposed amendment because it is a position generally adopted and accepted by the Committee.
Mr Dafeamekpor 2:14 p.m.
Mr Speaker, I am in support of the proposed amendment, particularly also, because we determined at the Committee level that the cost to be paid in respect of each application may vary and it is upon the accessing of the application in respect of the nature of the information to be provided that would determine how it is to be paid.
Therefore, we believe that clause 18 (1) (f) should not exist. The cost element should be determined upon accessing and how much the applicant ought to pay.
Mr Second Deputy Speaker 2:14 p.m.
That is the right principle and so I would put the Question.
Question put and amendment agreed to.
Mr Second Deputy Speaker 2:24 a.m.
Hon Member for Suhum, your next proposed amendment?
Mr Opare-Ansah 2:24 a.m.
Thank you, Mr Speaker.
Mr Speaker, I beg to move, clause 18 -- subclause (1), add a new paragraph 2:24 a.m.
“not be required to contain a reason for the application”.
Mr Opare-Ansah 2:24 a.m.
Mr Speaker, if you recollect, in clause 1, subclause (3) of the original Bill, it says and I quote:
“a person does not have to give a reason for the application.”
Mr Second Deputy Speaker 2:24 a.m.
Clause 1 has covered that; it was amended to capture the concern you are raising now. It was amended to read:
“A person may apply for information without giving any reason for the application”.
That was what was taken; I have it here as part of my—
Mr Opare-Ansah 2:24 a.m.
Mr Speaker, I accordingly withdraw my proposed amendment since it has been —
Mr Second Deputy Speaker 2:24 a.m.
Proposed amendment withdrawn.
Item (xiii) on page 5 of the Order Paper; it is a proposed amendment coming from the Hon Chairman of the Committee.
Mr Banda 2:24 a.m.
Mr Speaker, I beg to move,
Clause 18 subclause (1), paragraph (f), delete and insert the following:
“(f) provide the identification card of the applicant; and
(g) be signed by the applicant”.
Mr Second Deputy Speaker 2:24 a.m.
Hon Chairman of the Committee, since we have already taken a decision on subclause (f) by deleting it, I believe what you are
seeking to do is to add. So it would now be, subclause 1, add the following or insert the following -- whichever way you want it. But the better one is add, not insert.
I cannot understand why you are asking us to let persons applying provide identification card. What is the reason behind that?
Mr Boamah 2:24 a.m.
Mr Speaker, it is very important to provide an identification because this is an Act that guarantees certain right to the people of Ghana. So can a foreigner go to the Court's registry without any form of identification and ask for certain valuable information from the Judicial Service?
Mr Second Deputy Speaker 2:24 a.m.
In the application, do you have to be physically present? So, why are we asking for an identification card?
Mr Dafeamekpor 2:24 a.m.
Mr Speaker, when we debated this matter, we came to the firm understanding that indeed, I could be an ordinary resident in Tamale and I would apply to Ministry of Works and Housing for some information. But the application in question could be mailed; before that is done, the law ensures that I satisfy this checklist.
Ministry of Works and Housing should be in a position to determine who the applicant is; the identity of the applicant and such other information that would assist them to be sure that they are providing the information to an existing person and not an imaginary person.
That is why I believe that these two additional provisions improve the checklist that has been given under clause 18 (1) thereabout. So with all due respect, the identity of the person is very important in this matter.
Mr Second Deputy Speaker 2:24 a.m.
Actually, you are not convincing me at all because clause 18 (1) (e), you proposed an amendment to the effect that the person must state a name and “capacity” too is at subclause (d), your address, everything. You would state those things as an applicant and now, you are asking that he must provide identification card?
Mr Dafeamekpor 2:24 a.m.
This is because if I want to be mischievous, or any person wants to be —
Mr Second Deputy Speaker 2:24 a.m.
Why do you start from the premise of mischief?
Mr Dafeamekpor 2:24 a.m.
Mr Speaker, these are possibilities that we want the law to cure; that it does not arise and we do not give anybody the opportunity to do things in that manner.
I could indeed provide the name on the paper; I could provide an address on the paper and I could provide such other things, but if I am not asked to provide a certain form of identification where, for instance, if I provide a passport as a form of identity, the Ministry of Works and Housing that I cited as an example could quickly verify.
There should be a way of verifying the identity of the applicant. That is the essence of this provision. Otherwise, any person at all could provide some other names and get the information without indeed turning out to be that he is the person who applied for the information.
So it is to give the agency providing the information the opportunity to verify the true identity of the applicant.
Mr Second Deputy Speaker 2:24 a.m.
I am not convinced at all.
I am not taking the decision, but at least, you must convince me before I put the Question.
Hon Member for Tamale Central?
Alhaji I.A.B. Fuseini 2:24 a.m.
Mr Speaker, initially, I supported this amendment but listening to you, I believe you are right. Why that is so is that the application is to be sent to an office; it might not involve personal contact.
When you read clause 18 critically, the physical presence of that person might not be necessary and that is why you require the name and address to which the application may be sent.
At what point do you provide the identity card? All the information one requires could be accessed without being physically present. [Interruption.] Yes, read clause 18 (d); “state the capacity of the applicant to satisfaction”.
So if you are a Lawyer who acts on behalf of another person in the application, you do not need to be present. That is why I support that we do not need to produce an identification card, we say unless we say a photocopy should be enclosed in the application.
However, providing an identification card, as the amendment says, would require one's physical presence. If we read clause 18, we might be able to access information without being present.
Mr Agbodza 2:34 a.m.
Mr Speaker, I am trying to understand the basis of this requirement. First of all, just as other Hon Colleagues have said, assuming the only form of identification I have is my passport, am I supposed to post my passport, take a photocopy or go back to the passport office for it to be certified?
In any case, this information that can be accessed is supposed to be public information and not a secret. So it does not really matter who gets that information. The person would provide a name and address.
Secondly, we said the person must sign. We know that not everybody can sign. There might be somebody who is applying on behalf of another to get this information. So I think these two subclauses are totally unnecessary.
One can access the information but even if the person says he is Kojo Mensah, meanwhile he is Ama, provided the information given him is public information what would the country lose?
I do not think that it would be practical for us to say that one has to provide an identification card to be able to access the information. It defeats the purpose. In any case, if I were to send my driving licence or passport, that would come at a cost.
Just a few minutes ago, we were trying to reduce cost by saying that people should not pay in advance. However, I cannot just put my passport or driving licence in an ordinary post.
We would probably defeat the purpose and I urge the Hon Chairman to abandon this requirement. This is because this information is not classified. That
information could even be published in a newspaper which even a foreigner could read. This subclause is totally un- necessary.
Mr Opare-Ansah 2:34 a.m.
Mr Speaker, I get the sense that the Committee is trying to prevent impersonation and identity theft where, for instance, the Hon Member for Wa West would request for information as if he is the Hon Member for Suhum and the officer responsible might not know and would provide such information to him, thinking he is providing information to the Hon Member for Suhum. That is why some identification needs to be done.
However, if you look at the provision in subclause (d) where the --
Mr Second Deputy Speaker 2:34 a.m.
Hon Member, are you saying that all the identification cards would have to contain your constituency among others for them to know that he is not the Hon Member for Suhum?
Mr Opare-Ansah 2:34 a.m.
Mr Speaker, for instance, if he is required by the law --
Mr Second Deputy Speaker 2:34 a.m.
Hon Member, read clause 18 (2):
“Where an applicant is unable to make the application in writing due to illiteracy or disability, the applicant may make the request orally.”
Orally -- But now you are saying they should sign.
Mr Opare-Ansah 2:34 a.m.
Mr Speaker, if one is making the request orally, it is even nicer because he or she is there physically, so they could even --
Mr Second Deputy Speaker 2:34 a.m.
Who told you one has to be there personally to make an oral application?
Mr Opare-Ansah 2:34 a.m.
Mr Speaker, it is true a recording could be made and sent, but the issue is that they might not need a card.
I wanted to say that if you look at clause 18 (1) (d), they have asked the officer to satisfy himself of the capacity of the person making the application on behalf of a third party.
So, in a similar manner, we could ask the officer to satisfy himself that the person making the application is who he says he is. That should end the matter without requiring actual identification cards to be sent back and forth.
So if the Hon Chairman would be minded to rephrase his amendment to something similar to what we have in clause 18 (1) (d), I am sure that we could support it.
Mr Second Deputy Speaker 2:34 a.m.
Hon Members, we are not dealing with exempt information. If we say public information held by a public institution, I do not know why we are trying to put fetters in the way of access. If it is exempt information, then we could raise some of these issues, but this is just public information and all public information is generated on the resources of the public.
The public has already paid for it and it is something that is already for them, but you are keeping it. They want access to it but you are asking them to do several things before -- If it is exempt infor- mation, then we could try for some good reason to raise those issues. However, these are just --
Yes, Hon Chairman?
Mr Banda 2:34 a.m.
Probably, what is causing the issue has to do with the inclusion of the word “card”. By saying that a person must provide an identification card, that
presupposes that the person must be present. That is not the intention of the proposed amendment.
However, a form of identification is very important, more especially so where personal records are supposed to be exempted from disclosure. If we do not apply the identification rule, anybody could get up and say he is Mr “A” and seek to amend certain information in Mr “B's” records without any form of identification --
Mr Second Deputy Speaker 2:34 a.m.
Hon Member, that is what clause 16 sought to do. Clause 16 deals with personal matters, privileged information and confidential information. However, clause 18 deals with public information. That is a different subject matter altogether.
Mr Chireh 2:34 a.m.
Mr Speaker, I would still agree with the Committee on the basis of the fact that the information is not exempt. However, if I make an application for this information and the institution that is giving me the information refuses to do so, I would go and launch a complaint. So it is in the interest of that person who is giving the information to know who is asking for it.
Somebody might say he or she is a journalist and wants some information. When he is refused, we must establish that indeed, that is a journalist who came for the information. This is because he came for the information to be able to publicise whatever information he would have. Some identity is not restrictive of access to information.

My argument is that it would not restrict access to information but assist those who give the information to know who they are and their records.

If we eliminate the identity card and all these other issues, that is fine. They would still need to know whom they give the information to. I heard my Hon Colleague say that even a foreigner and anybody could come for the information. Anybody could go and collect it because it is already not exempt.

However, if it is so, it would still involve some expenditure. People might just make requests which cannot be ascertained; we would not find who does what.

So I believe that we need to look at it not in terms of restricting the access to the information.
Mr Ayariga 2:44 p.m.
Mr Speaker, I support the recommendation of the Committee and how Hon Yieleh Chireh has so appropriately put it.
Mr Speaker, it is interesting; how is it that a citizen wants to know and yet does not want to be known? [Laughter.] You want to know but do not want to be known. You want the State to give you information but do not want the State to know who you are asking for the information. But then we need to ascertain.
Mr Second Deputy Speaker 2:44 p.m.
Hon Member, there is nothing here saying that the applicant does not want to be known.
Mr Ayariga 2:44 p.m.
Mr Speaker, we want to ascertain or establish who the applicant is.
Mr Ayariga 2:44 p.m.
Mr Speaker, it is true; we should not put obstacles in the way of people who make an effort to access public information. But at the same time, when we put in place what I consider reasonable measures to ascertain the identity of the people who are coming forward to request for the information.
To say that people should provide some form of identification. — As for an applicant who put up an address in an application — The address could be a misrepresentation. Indeed, in this country where —
Mr Second Deputy Speaker 2:44 p.m.
Do you not believe the ID card itself could be a misrepresentation?
Mr Ayariga 2:44 p.m.
Mr Speaker, to go to the extent of forging an ID card is a completely different matter.
Mr Second Deputy Speaker 2:44 p.m.
It is the same with the earlier one, too.
Mr Ayariga 2:44 p.m.
Giving the fact that we are now taking steps as a country to ensure that every citizen has some form of identification, no citizen should ultimately have the capacity to present a form of identification.
It would become a matter of course, that every citizen in this country would have some form of ID to show that yes, this is the person whom we are dealing with.
I would want to sympathise with the position that as less obstacles as possible should be put in the way of people who come forward to seek public information where they are entitled to. But then also, nothing stops us from putting in place a mechanism to ascertain the identity of the people who come to seek them.
What is wrong with that? I do not think there is a problem with that. I do not think that it would in any way inhibit people coming forward to access the information.
Mr Speaker, as we speak, most people have the National Health Insurance ID cards which is what they use in many places. They have driving licenses which they use. It just says a form of identification. It does not say national identity card.
For instance, if a person is a student, most students have ID cards showing that they are students enrolled in certain institutions. If the person is a civil servant, they have ID cards to show that they are members of the Civil Servants Association.
Mr Speaker, almost everybody — And ultimately, if the person is above 18, most likely, the person would have an ID card to show that the person has been
registered as a voter in this country. Having an ID card to identify oneself to a public institution is no longer going to serve as a hindrance to accessing the information.
But for research purposes, as the person is gathering information from the State, the State also need to have information about who is coming to ask for information.
Mr Second Deputy Speaker 2:44 p.m.
That information has been required for already, and it is supplied. They are adding that the person should give identification card, and that is the one we are talking about. You have defeated your —
Let me listen to Hon Quashigah.
Mr Quashigah 2:44 p.m.
Mr Speaker, the issue is about public information, and if the thing is public, it means that it is available for everybody to access. Sometimes, there are information that are of public nature which we easily access on the World Wide Web without necessarily providing the nitty-gritties of identity.
Mr Speaker, as long as one's name and address has been provided, I do not think there is any need to belabour this issue, especially when we are talking about making it very easy for the general public to access public information. This proposal would rather become very restrictive.
In my view, it would defeat the purpose for which we are trying to enact this law. I am not a lawyer, but I think that within the remit of rationalism, this move, if accepted, would definitely defeat the purpose and rather become inhibitive to accessing public information.
Mr Speaker, this proposal should be thrown out so that we make a headway.
Mr Agbodza 2:44 p.m.
Mr Speaker, let us look at it practically. For instance, I request for an information to find out how many students are at Bawku Senior High School, and I live at Adaklu and I use an ID card from Adaklu.
The school there would now tell me that they are writing to, for instance, the Passports Office, and until they get a confirmation of who I am — This is because, why ask of my ID if I can even give you a fake one?
If you want an authentic one, and until you are able to confirm whether the ID I have given is authentic, you can tell me you cannot provide me the information until you get confirmation that my identity is true. That would be a nice way of telling the people you would not give them the information. This is because they would just tell you they have not received confirmation for the next six months.
This would just be counter productive to the purpose of this Bill and we should guard against it. It would be a way of somebody saying he or she has not received confirmation from the Driver and Vehicle Licensing Authority or Passport Office and so he or she would not provide the information.
Mr Speaker, I urge the Hon Chairman to withdraw this amendment.
Dr Appiah-Kubi 2:44 p.m.
Mr Speaker, indeed, if this were to be a public document, the best way to go is to give the general public an unfettered access to this information. But here is a case where we even have details about the applicant. We have requested for details about the applicant.
The applicant is even supposed to make the application in writing; to give an address and even state the capacity in which the application is submitted. So
already, there is sufficient information about the applicant; we have already restricted access to the information. What is more if a photocopy of the applicant's identity is requested for in order to probably guard against identity theft?
Mr Speaker, and so I would support — or the best way is to delete the whole of clause 18 subclause (1) and give the general public unfettered access.
But if we have already gone along the lines as he has stipulated, then photocopy of the applicant's identity be attached would not spoil anything.
Mr Second Deputy Speaker 2:54 p.m.
Hon Member, we cannot delete the whole of clause 18(1) because that clause is detailing the process; how it should be handled. Yes, one has the right to access information; but how would the person do it? That is the process and so we cannot delete it.
But to be adding other things that are meant to rather reduce access to the information is what we are debating. I am not convinced that we should provide identification I am not convinced at all.
Hon Members, I will put the Question and you will take the decision. I never saw that in the African Model Law and nobody has drawn my attention that this is done in any country. Maybe, we would want to set the precedence here, I do not know whether we would be setting good precedence or bad precedence.
We should not give something with our right hand and take it back with our left hand; I will not be part of that.
rose
Mr Second Deputy Speaker 2:54 p.m.
Hon Dafeamekpor, let the Hon Member on the Floor finish. The Hon Appiah-Kubi is still on his feet.
Dr Appiah-Kubi 2:54 p.m.
Mr Speaker, indeed, I would agree with you that if we allowed unfettered access to public information, that would have been the best. Already, we have restricted access; so adding another thing in order to guard against identity theft -- that is all this amendment seeks to do. I would go along with this amendment because already, the address of the person is known --
Mr Second Deputy Speaker 2:54 p.m.
Identity theft? You are now into another --
Dr Appiah-Kubi 2:54 p.m.
I would ask that probably a photocopy of a national identification card of the applicant --
Mr Second Deputy Speaker 2:54 p.m.
You are now being specific, when you talk about national identity card.
Dr Appiah-Kubi 2:54 p.m.
I would change the rendition to “shall be attached a photocopy of the national identification of the applicant.”
Dr Ayine 2:54 p.m.
-- rose --
Mr Second Deputy Speaker 2:54 p.m.
Hon Members, let us listen to the former Deputy Attorney-General and Deputy Minister for Justice.
Dr Dominic A. Ayine 2:54 p.m.
Mr Speaker, I rose in response to the statement that was made regarding identity theft. I was going to point out that, that is protected under the Data Protection Act which was passed by this Parliament. So we have a regime for that.
Mr Speaker, also, the point that you made regarding the African Model Law is important because I have also surveyed the Africa Union Model Law that was adopted by Liberia in the enactment of its Freedom of Information Act. More importantly, our Act is based on the 2000 English Freedom of Information Act.
So we took a lot of the provisions from there. And in that Act there is no requirement that you should produce an identity before you have access to government-held information. So I think that provision, with all due respect to the chairman, is one that we should drop.
Mr Second Deputy Speaker 2:54 p.m.
Hon Chairman of the Committee, I would also so advise but it is just an advice.
Mr Chireh 2:54 p.m.
Mr Speaker, this Bill has gone through a number of considerations and I think this last minute addition of this subclause is not necessary. [Interruption.] Yes, I do not mind changing my mind.
I was not arguing for it; I was arguing that they did not restrict, but from what I have seen and listened to, I believe that we are making a law that should make it easier for people to have access to information.
So we should stick to that. I do not think that this provision is going to help us in any way; it would not. I believe that we should allow it because if you look at the earlier amendment that we made, where the Chairman said after “state”, we should insert “the name of the applicant” and all that, that identifies adequately who is looking for this information.
Mr Second Deputy Speaker 2:54 p.m.
Let me listen to Hon Dafeamekpor.
Mr Dafeamekpor 2:54 p.m.
Mr Speaker, I thank you for the opportunity.
Mr Speaker, I have had the opportunity to sit in the Public Accounts Committee's deliberations. Some of the key things that come out is about accountability.
Mr Speaker, I am wondering how, when this Commission is set up and they are supposed to account for proceeds that have been allocated for the functions of their office, they would do so.
For instance, how they would account in my district of South Dayi, truthfully, the fact that 13 or 20 identifiable people actually applied for information and they supplied? It is possible that names and addresses can be cooked.
I agree that we borrowed the law from England and there are other model laws, but it does not preclude the fact that this Parliament has the power to improve on the checklists that are found in some of those laws. I have carefully looked at the Kenyan Law and there are steps taken in the law to ensure that persons who apply are identifiable. It is all about being able to --
Mr Second Deputy Speaker 2:54 p.m.
Hon Member, a name alone is a means of identifying somebody. The additional information -- address and all those things are there. Very soon, you may proceed to talk about bio-data. If we would want to stretch this further, that is where we will go to be sure that, that is the person applying for the information. We will ask for the bio-data.
Mr Mahama Ayariga 2:54 p.m.
Mr Speaker, I believe you have very wisely guided this debate. [Laughter] I am not saying Mr
Speaker is debating; I am just saying that he has guided the debate. [Laughter.] We are well guided.
Mr Second Deputy Speaker 2:54 p.m.
Mr Speaker is strongly against the proposed amendment.
Do not forget that the Rt Hon Speaker was Chairman of the same Committee and we handled the same Bill and submitted a report on this Bill. So at least, I have a lot of information and I know the legal regime on the right to information.
In other regimes, they call it freedom of information but we are saying right to information, and we are trying to take away that right.
Mr Ayariga 2:54 p.m.
Mr Speaker, I think I had earlier not seen the earlier amendment in which a name of the applicant was requested for but I have just noticed it. So some form of identification is available.
Mr Speaker, to deal with the issue of accountability, the information is being submitted to a second address as required for in the procedure. So anybody who wants to follow up and ensure that the information actually gets to the address for the purpose of accountability can easily do that.
Mr Speaker, I believe that given our own commitment to ensuring that every citizen who wants information is able to access it with as little hindrance as possible, I think your guidance is very well received.
Mr Second Deputy Speaker 2:54 p.m.
Hon Member, emphasise on “guidance”. [Laughter.]
Mr Second Deputy Speaker 2:54 p.m.
Hon Chairman of the Committee, at the end of the day, what do you have to say?
Mr Banda 3:04 p.m.
Mr Speaker, I am amenable to change my mind based on sentiments coming from my Hon Colleagues of this House.
Mr Speaker, there is a caution, and this caution is that information available to be accessed can be accessed by anybody irrespective of the place of origin or nationality of the person.
This is because we are not restricting access to information to citizens of this country only. Mr Speaker, it is on the basis of this that I am of the humble opinion, that to the extent that information in this country could be accessed by anybody at all, whether the person is a Ghanaian or not, it is prudent and fair that to avoid identity theft, such applicant should proffer some kind of identification.
Secondly, we have personal records of people and these are exempt. The law allows somebody who has his personal records, which is exempt to apply for information pertaining to the personal records. For instance, we all do know that we have personal records at the Births and Deaths Registry.
In one way or the other, for one reason or the other, we can apply for information. How does the information officer sitting there be able to know that the person applying for the information is Ben Abdallah Banda?
Without any form of identification, it means that anybody at all could apply to the information officer sitting at the Births and Deaths Registry and request for information relating to anybody at all.
Mr Speaker, I believe that --
Mr Second Deputy Speaker 3:04 p.m.
Hon Member, are personal records public information?
Mr Banda 3:04 p.m.
Mr Speaker, they are not public information but one can apply for information from his or her personal records. It is part of the general application to seek information. The general rules applicable to seeking information do not exempt personal records. Therefore, if an applicant seeks information from his personal records, that applicant must comply with clause 18 as contained in the Bill.
Mr Speaker, clause 18 says one must provide a form of identification. It is proposed that that amendment is needless. I am amenable to change my mind based on what the majority says, but I have sounded this caution, that it would not be safe to take out a form of identification condition because infor- mation can be applied for and accessed by anybody at all irrespective of the nationality of the person.
Mr Second Deputy Speaker 3:04 p.m.
Hon Members, now, the Chairman of the Committee is not taking a very clear and decisive position on this matter. He says he is amenable to changing his mind but he is cautioning --
I do not know whether the caution is to himself or to us because we are very clear in our minds. My position is that, that would be a fetter in the access to public information.
He referred to exempt information. We are not talking about exempt information. Those personal matters are exempt information which is different. This clause talks about public information.
rose
Mr Second Deputy Speaker 3:04 p.m.
I see that
the Hon Deputy Attorney-General and Deputy Minister for Justice is on his feet. Do you have any guidance?
Mr Joseph D. Kpemka 3:04 p.m.
Thank you, Mr Speaker.
I believe we should situate the argument within the context of the memorandum accompanying this Bill, whether or not whatever argument we are making now would defeat the memorandum.
Mr Speaker, with your kind permission, from the paragraph 5 of page 1 of the memorandum accompanying the Bill, it states and I quote with permission:
“This can only be achieved if they have access to the relevant information. Thus access to information requires that there is in existence the requisite data or information. It also ensures --
(a) that there is available to the individual the requisite data or information,
(b) that there is more truthfulness and transparency in govern- ment, and
(c) that corruption is reduced to a minimum because the actions of various persons in authority are made subject to public scrutiny.”
Mr Speaker, my question is, if we ask for disclosure of a person's identity, would it be in furtherance of this issue? Fundamentally, if it is in furtherance of this, I am all out for it. I believe that it would be in furtherance of this.
Mr Speaker, if we ask for information and we do not disclose entirely who we are by way of an authentic identification
and it results in litigation, for example, how would we be able to prove that this is really the person who did it? After all, the person could disclaim.
Mr Second Deputy Speaker 3:04 p.m.
Hon Deputy Attorney-General and Minister for Justice, the person has already disclosed. The person has given the name and address. What kind of disclosure again are you talking about?
Mr Kpemka 3:04 p.m.
Mr Speaker, disclosure of the name and address is not the same as identification by way of a card. The two are not the same.
Unless we would want to say that when I just tell you that my name is Joseph Kpemka, that is enough and final, but if I could back that with an authentic identification card, that would further give proof to who I am and it would put finality to the issue. I do not see how it is a fetter to access to information.
Mr Second Deputy Speaker 3:04 p.m.
Hon Member, it is. When you provide the ID card, they could still go through it and raise issues. Any person who demands your ID card --
It is similar to you driving and you are stopped by a police officer. He asks for your driving licence. You produce a photocopy and he says, no; he wants the original.
Mr Kpemka 3:04 p.m.
Mr Speaker, if one provides a fake ID card, it constitutes another subject altogether. Knowingly providing --
Mr Second Deputy Speaker 3:04 p.m.
What is the purpose of providing the ID card?
Mr Kpemka 3:04 p.m.
Mr Speaker, it is to authenticate your identity. A mere mention of one's name is not an authentication of who one is. [Pause]
Mr Second Deputy Speaker 3:04 p.m.
Well, Hon Deputy Minister, you have drawn the Speaker into debate -- [Laughter] I would stop here and allow you to take the decision.
I would listen to the Hon Member for Tamale Central and then the former Deputy Attorney-General and Minister for Justice; then the Hon Chairman of the Committee would now clarify his position and I would put the Question. We need to proceed.
Alhaji I.A.B. Fuseini 3:14 p.m.
Mr Speaker, it would constitute a fetter on right to access to information and it would drive us toward creating a police state.
One, they have enumerated in the memorandum what this Bill is intended to achieve with minimum resistance and impediment. That is why we as a Committee thought that paying a prescribed fee could constitute an impediment. So we removed it because we do not want impediments. We are trying to actualise article 21 of the Constitution.
Now, when we say that a person must bring an identity card, we are already asking that whoever would use the information for whatever purpose must bring an identity card. Whoever would use the information for whatever purpose is asked to reveal an identity, for which he could be attached to the information.
That is the argument of the Hon Deputy Attorney-General and Deputy Minister for Justice -- it is a police state. So that in future, if it even does not result in legal action -- if a known person applies to, for instance, the Ministry and the information is now in the public domain,
it could be traced back to that person. It is a police state.
Mr Speaker, somebody could apply for information for and on behalf of another person. The person could be artificial - Law Trust Company, Post Office Box CT1466, Cantoments; that is enough for purposes of satisfying clause 18(1)(e) of this Bill.
So we have talked about ensuring that persons have access to information. We should be mindful of putting fetters in the way of such persons from accessing information. They are not only fetters, but they put fear of the consequences of using that information.
Dr Dominic Ayine 3:14 p.m.
Mr Speaker, it appears that the Hon Ranking Member has taken the wind out of my sail. I would want to add that we are looking at this law within a certain cultural context.
The general context within a bureaucracy is the reluctance to release information to persons who seek that information even for purposes that are not harmful to the interest of the State. So we have to be careful not to put in provisions that may serve as excuses by bureaucrats to deny us access to information.
In fact, to take an example that was given by Hon Agbodza, they could say that they would want to validate the identity that has been provided. That alone would take six months to be provided. Supposing it is a passport, one would be told that the Passport Office has not yet written back to authenticate the passport that has been presented to prove an identity.
Mr Speaker, you also gave the example of the police asking for a divers' license. When a photocopy is given, they would say that they are not interested in that;
Mr Samuel Atta Akyea 3:14 p.m.
Mr Speaker, we understand from the perspective that there should not be a fetter to accessing information. When we need information, we should easily have it.
Mr Speaker, but I know for a fact that even if we want to board a plane, an internal flight here, they want to see an identification card.
Mr Second Deputy Speaker 3:14 p.m.
There is good reason for that one.
Mr Akyea 3:14 p.m.
Yes, Mr Speaker.
It means that in terms of who one is, it should not be a challenge. This is because at the end of the day, a person asks for a piece of information --
Mr Second Deputy Speaker 3:14 p.m.
Hon Member, the institution of Parliament cannot board a plane. In this matter, it is a person.
Mr Akyea 3:14 p.m.
Yes; therefore, it is a person that applies for a piece of information --
Mr Second Deputy Speaker 3:14 p.m.
Have you gotten my prompting?
Mr Akyea 3:14 p.m.
Mr Speaker, I did not get it.
Mr Second Deputy Speaker 3:14 p.m.
I said that in this context, the institution of Parliament is a person, but it cannot board a plane. [Laughter.]
Mr Akyea 3:14 p.m.
I did not get the drift, Mr Speaker. [Laughter.]
Mr Speaker, I would want to be educated. [Interruption.] No, it is an individual who would apply for the information -- a person. [Interruption.]
Of course, when we talk about institutional access to information, it would be at the height of absurdity that we should bring an identity of the Judiciary in trying to know what happens here. That is a different kettle of fish.
Mr Second Deputy Speaker 3:14 p.m.
That is the proposed amendment; the applicant should produce identification.
Mr Akyea 3:14 p.m.
Mr Speaker, we would not want to abuse language by saying that the individual, if it is an institution, should bring identification. That would be abuse of language. We are talking about somebody who says that he would want to know how fat the allowances of Hon Members of this House are when they Sit. [Interruption.] How is it an exempt information?
Mr Speaker, I listened to you and enjoyed your philosophical posture. It cannot be given with the left and taken from the right. How could we say that people cannot access the kind of allowances we enjoy? Who says that could be an exempt information? It is a matter of public --
Mr Second Deputy Speaker 3:14 p.m.
That is not an exempt information.
Mr Akyea 3:14 p.m.
Mr Speaker, when we take your wisdom, and I have this -- it was a pathetic detour, and I am happy you said he is wrong. How could that be exempt? [Interruption.]

What right is it? One has the right to use the information for mischief; is that what we are urged upon? Therefore at the threshold, if one hides his or her identity, one must be very dubious in trying to access information concerning what is happening in the Office of the Speaker, but the person would not disclose his or her identity. For whatever reason, this elastic --
Mr Second Deputy Speaker 3:14 p.m.
Hon Minister, you are asking for further and better information. The person has already given you information about the identity of the person; the person has given a name and an address. The application is asking for the type of information and description; it is not for you to identify -- Now, you are asking for further --
Mr Akyea 3:14 p.m.
Mr Speaker, I defer to you on this. Information on paper is not identification; they are two different things.
Mr Second Deputy Speaker 3:14 p.m.
Why have you put it on paper; I did not put it on paper.
Mr Akyea 3:14 p.m.
There are a lot of people who may put falsehood on paper, and if we are not wise, it would pass. For instance, I could come in here to fill a form -- I am the Hon Second Deputy Speaker.
Mr Second Deputy Speaker 3:14 p.m.
You could make the application orally. So I do not know why you are putting it on paper.
Mr Akyea 3:14 p.m.
Mr Speaker, you are a seasoned lawyer. People could feed false information on paper. People could come in and say they want something, but they pretend. I could use your clout to get advantages.
If I said I was Hon Atta Akyea, they would not look at me; but immediately I write “Hon Second Deputy Speaker”, it has weight. So, if there is the need to verify who one is, how could it be said that it is a fetter to access to information?
When we make it blanket and people are scared to disclose who they are, then we should be careful. We would not throw this nation to everybody for the simple reason that we want people to have access to information. Anybody who hides his or her identity is dubious and his or her bondafides are not right. Why should one be worried about it?
As an Hon Member of Parliament, if somebody asks who I am and wants to know who I am, and I run away from who I am, what kind of information am I looking for? Would one gather information as a dubious person and use it for all manner of mischief?
Mr Speaker, with due respect, I think that asking for one's identity is not asking too much. At the threshold, any well- meaning person could put down their identity, and that is the end of the matter. We would then proceed to give the information.
If not, in the name of right to information, we would open a whole gate for all manner of fraudsters to mess us up. Mr Speaker, that is not the intendment of the law; there is no right that does not have reasonableness as an attachment and dimension. Every right should have reasonableness.
Mr Second Deputy Speaker 3:24 p.m.
Hon Minister, let us take this hypothetical case. You have gone seeking for information and you put it into writing that you are Mr Atta Akyea, Hon Minister for Works and Housing.
They say that you should produce your identity card but you do not have it with you and they say without the identity card they cannot process it. You then go back for your identity card and they have to cross-check if that is actually your identity. Do you understand?
Mr Second Deputy Speaker 3:24 p.m.
All this is towards identifying you. Not so?
Mr Akyea 3:24 p.m.
Mr Speaker, yes.
Mr Second Deputy Speaker 3:24 p.m.
These are fetters.
Mr Akyea 3:24 p.m.
Mr Speaker, immediately somebody is sitting in his office and you want to engage the person, is there not a requirement of reasonableness in the engagement? This is because the person supposed to give the information should be credited with some discretion in the matter but where you say that, you are a conveyor belt to anybody who comes in here and I am just going to do whatever it is.
Mr Speaker, I do not see any right which should not have the bracket of reasonableness and it is there. If it is not so, then in the name of the Right to Information Bill, all manner of things can be done and I am very scared if a man cannot disclose his information.
I am sure that we have provisions in the law which says that if there is any cause to show that somebody is being
unreasonable in giving you what you require, the sanction regimes are there. So you would not go to the Ministry of Finance and there is somebody at his or her desk trying to frustrate you and all that.
There are things that you can also evoke under the law that ‘x' or ‘y' is trying to fetter me from getting what is right.
For me, I am very scared that any man would be running away from his own identity. When they say; “who are you”?; it means that probably, they are not sure who you are and then, you answer that you are so and so. That will be the end of the matter and then when the person continues to be very unreasonable --
Mr Second Deputy Speaker 3:24 p.m.
Hon Minister, as at now, the provision is clear that the information officer can go ahead if he has doubts about your identity to ask for further and better information.
When you put it specifically that you have to add that identification card, even when you go and the person knows that you are the one, he or she will still ask for that information which is unnecessary. Nobody is running away from his or her identification. That is not the issue at all.
Mr Akyea 3:24 p.m.
Mr Speaker, if this is what is already in the law, then we are bringing consistency to bear on the law. If the information officer is not sure about somebody and wants to verify, then to make it easier for the one seeking for the information and there is the need for you to identify yourself, then it is consistency we are trying to bring to bear in the law.
It also does not bring further frustration.
Mr Second Deputy Speaker 3:24 p.m.
You can give further information about your identity without producing one's identification card.
Mr Akyea 3:24 p.m.
Very well.
Probably, it is the mode of identification that we should think through because so long as you are not sure about a man who is coming to your office and I know you love freedom of information and so on.

These are public records and the right to information as you well know, is not about the private --
Mr Second Deputy Speaker 3:24 p.m.
Hon Members, I have to put the Question, although there are very strong views on both Sides of the House --
Mr Akyea 3:24 p.m.
Mr Speaker, I believe that because of how sensitive this is and given the fact that we might not have the numbers --
Mr Second Deputy Speaker 3:24 p.m.
Are you making an application?
Mr Akyea 3:24 p.m.
Mr Speaker, I am not making an application because we understand each other.
Mr Second Deputy Speaker 3:24 p.m.
Then hold your peace.
Mr Akyea 3:24 p.m.
Mr Speaker, all right. Let us proceed. [Laughter]
Mr Second Deputy Speaker 3:24 p.m.
Hon Members, please, I will put the Question.

I am not in the position to actually take a decision on the voiced votes neither am I inclined to going beyond that and so, what I propose to do is to stand down that proposed amendment for future consideration.

Hon Chairman, your proposed amendment is stood down for further consideration.
ANNOUNCEMENTS 3:24 p.m.
Mr Second Deputy Speaker 3:24 p.m.
I have a message from His Excellency the President, dated 6th November, 2018.
SPACE FOR COMMUNICATION - PAGE 6 - 3.24 P.M.
Mr Second Deputy Speaker 3:34 p.m.
Hon Members, I believe this should bring us to the end of the Consideration Stage for today.
I am informed that there is some other outstanding business outside the Floor of the House so this is the right time to call it a day.
Hon Second Deputy Majority Whip?
Mr Moses Anim 3:34 p.m.
Mr Speaker, upon such a good news from the President of the Republic, and upon the good work that we have done since morning, I believe this is a very good time to adjourn till tomorrow at 10.00 a.m.
Mr Speaker, I wish to also express my gratitude to Hon Members for Sitting through the extended Sitting. Mr Speaker, we are in your hands.
Thank you.
Alhaji I.A.B. Fuseini 3:34 p.m.
Mr Speaker, I believe that it is proper to also extend my regards to Hon Members of the House for their fortitude because no provision has been made and we have been working on empty stomachs.
I do not know whether this is the new normal. Mr Speaker, except that you just read a communique from the President, but we have since lost count of how many times His Excellency has travelled outside this country.
I also understand that there was a directive that Hon Ministers should not travel, but that is quite unfair and unjust when the President enjoys the travelling. In any case, I believe that provision should be made so that we could Sit beyond the prescribed time.
Mr Speaker, thank you and we are entirely in your hands.
Mr Second Deputy Speaker 3:34 p.m.
Hon Members, I thought that Leadership had informed me that they have something urgent to discuss, but it looks like you have more time for the House because what you are engaging in is completely out of the Business of the House.
I would proceed to adjourn the House.
ADJOURNMENT 3:34 p.m.